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2025 DAILYLAW 47622 (ALL)

DHRUP LAL v. THE STATE OF UP AND 4 OTHERS

WPIL/1094/2025 · 2025-05-15

Arun Bhansali, Kshitij Shailendra

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:81037-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1094 of 2025 Petitioner :- Dhrup Lal Respondent :- The State of U.P. and 4 others Counsel for Petitioner :- Awadhesh Kumar Counsel for Respondent :- Jagdish Pathak (S.C.), Tarun Agrawal Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J. 1. This petition has been filed by the petitioner seeking a direction to the authorities concerned to declare the petitioner's village, namely, Selharapur, Tehsil Barhaj, District Deoria as an independent revenue village/ Gram Panchyat in forthcoming delimitation/ constitution of constituency of Gram Panchayat for election of Gram Panchayat of 2026 in State of Uttar Pradesh and an independent Gram Panchayat Election may be conducted treating the village of the petitioner as an independent Gram Panchayat. 2. A perusal of the record indicates that petitioner/ others, had filed Writ-C No. 19802 of 2015 and Writ-C No. 2338 of 2021 apparently seeking the same relief. While the petition filed in 2015 was decided directing the petitioners therein to file a representation, which representation was disposed of in the year 2015 itself, which was not questioned. The petition filed in the year 2021 came to be decided by the Court by observing that no one can claim a vested right for delimitation of a constituency and prayer made cannot be accepted. It was thereafter observed that the petitioner is always at liberty to represent his cause to the concerned authorities as and when the delimitation exercise is undertaken. 3. Admittedly, under Section 11-F of the U.P. Panchayat Raj Act, 1947, the power lies with the State Government for issuing a notification undertaking the exercise for the purpose of declaration of a panchayat area. The plea sought to be raised and relief claimed seeking direction to the respondents to declare the petitioner's village as an independent revenue village/ Gram Panchayat is not justiciable and/or no direction in this regard can be issued. 4. It goes without saying, as observed by this Court previously also, that as and when the delimitation exercise is undertaken, the petitioner would be free to agitate his cause in accordance with law. 5. With the above observations, the petition stands disposed of. Order Date :- 16.5.2025 RK/AKShukla (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad