Neutral Citation No. - 2025:AHC:60173 Court No. - 33 Case :- WRIT - C No. - 11881 of 2025 Petitioner :- Pushpa Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anand Kumar Pandey,Mohd Naushad Counsel for Respondent :- C.S.C.,Tarun Agrawal Hon'ble Prakash Padia,J. 1. Heard learned Standing Counsel for respondent Nos.1, 3 to 6 and Sri Tarun Agrawal, learned counsel for the respondent No.2. 2. The petitioner has preferred the present petition with the following prayer:- A. Issue a writ order or direction in the nature of mandamus commanding the District Panchayat Raj Officer/District Magistrate to notified and initiating the election of the Gram Panchayat Ama (Pratham) according to law. 3. Facts in brief as contained in the writ petitioner are that final notification issued by the State Government being Notification No.2039/9-1-2019-402Sa/13 dated 05.12.2019 issued in exercise of powers under Section 3 of the Municipalities Act, 1916 read with Article 243-Q (2) notifying the boundaries of Nagar Panchayat Bhanpur, District Basti has been challenged by the petitioner in Writ C No.28767 of 2024 (Pushpa Devi Vs. State of U.P. and others). The aforesaid writ petition was finally allowed by this Court vide its judgement and order dated 21.10.2024 by which village Aama is excluding from the notification. The aforesaid order reads as follows: 1. Heard Sri Anand Kumar Pandey, learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. The petitioner has challenged the final notification issued by the State Government being Notification No.2039/9-1-2019-402Sa/13 dated 05.12.2019 issued in exercise of powers under Section 3 of the Municipalities Act, 1916 read with Article 243-Q (2) notifying the boundaries of Nagar Panchayat Bhanpur, District Basti. 3. This notification has been challenged on the ground that the final notification issued, includes within it, village Aama, which did not find a mention in the Preliminary Notification No.1836/9-1-16-402Sa/13 dated 24.05.2016 issued under Section 4(1) of the Municipalities Act, 1916. 4. It is not in dispute that village Aama was not included in the preliminary notification issued on 24.05.2016 under Section 4(1) of the Municipalities Act. 5. Earlier another writ petition being Writ C No. 26863 of 2020 (Gangaram v. State of U.P. and 3 others) wherein village Kothila Khas was included in the very same final notification No.2039/9-1-2019-402Sa/13 dated 05.12.2019 whereas this village did not find mention in the preliminary notification. 6. Writ C No. 26863 of 2020 was allowed on 29.07.2024 after hearing the parties holding that areas which did not find mention in the preliminary notification cannot be included while issuing a final notification under Section 4 of the Uttar Pradesh Municipalities Act, 1916 read with Article 243Q(2) of the Constitution of India. 7. The situation in the petition at hand is identical and it is the very same preliminary and final notification which are subject matter of this writ petition as were in the writ of Gangaram (supra). 8. Therefore, in view of the reasoning given in the order passed in Writ C No. 26863 of 2020, this writ petition is also allowed and the notification dated 05.12.2019 is modified excluding the village Aama therefrom. 4. It is argued by learned counsel for the petitioner that pursuant to the aforesaid judgement and order, time & again letters were written by one authority to another authority but no action has been taken. He placed reliance upon the letter dated 01.04.2025 written by Director Panchayat Raj, U.P. to Principal Secretary, Panchayat Raj U.P. Government, copy of which is appended as Annexure No.9 to the writ petition till date no decision has been taken in the matter. 5. Learned counsel f or the respondents argued that the Chief Secretary, Panchayat Raj U.P. Government will take a decision in the matter expeditiously. 6. Heard learned counsel for the parties and perused the record. 7. In the facts and circumstances of the case, the present petition is disposed of directing the respondent No.1/Principal Secretary, Panchayat Raj U.P. Government to take a decision in the matter most expeditiously and preferably within a period of three months from the date of production of certified copy of this order. Order Date :- 22.4.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad