- (1.) Heard. By means of this writ petition petitioner has challenged the final notification dated 20.2.2015 issued by the State Government under Section 11(f) of the U.P. Panchayat Raj Act 1947.
(2.) Contention of the learned Counsel for the petitioner is that more than 400 villagers of Revenue Village Kapoorpur, Bariagodhi and Lakhnipur submitted a proposal for re-organising the Gram Panchayat Kapoorpur comprising of the aforesaid three revenue villages and separating revenue village Hisampur which should be recognized as a separate Gram Panchayat or part of a separate Gram Panchayat.
(3.) Further contention of the learned Counsel for the petitioner is that this proposal was accepted vide proposed Roop-patra-I. The same was also finalised by the Committee at the Block level and District level. Thereafter, this proposal was sent back to the Block level and also to the lower levels for invitation of objections. Two objections were received, both of which were rejected, a fact which is not in dispute. Thereafter the matter again came back to the District Level Committee. At the District Level Committee while finalizing the matter and issuing the final notification the proposal which had been accepted earlier was changed without any justification on account of which a separate Gram Panchayat namely Hashimpur was constituted comprising of revenue villages Kapoorpur, Bariagodhi and Lakhnipur whereas Kapoorpur was re-organized as a separate Gram Panchayat which was not the proposal accepted earlier. In these circumstances, the petitioner filed the instant writ petition. Earlier counter affidavits filed by the opposite parties are absolute irrelevant, therefore, this Court vide order dated 18.8.2015 passed the following order: "Original record has been produced. Prapatra-1 reveals that the request made by the villagers, the first name being that of Ms. Aaradhana was accepted, however, the official who is present i.e. the District Panchayat Raj Officer on being asked informed that there was an error in preparation of Prapatra-1 and in fact the proposal of Ms. Aaradhana had not been accepted in toto, but the record which has been produced, does not reveal so, nevertheless, the alleged final determination reveals that contrary to the decision as recorded in Prapatra-1, the Gram Panchayat Kapoorpur was constituted separately but another Gram Panchayat Hisampur was constituted comprising of the revenue villages Hisampur, Lakhnipur and Bariagothi. He is unable to explain the said discrepancy. Let counter affidavit be filed by 24.8.2015. List this case on 24.8.2015 as fresh. In the meantime the opposite parties shall explain the averments made by opposite parties in the earlier counter affidavit as they appear to be not relevant whatsoever to the case made by the petitioner. The original record be also produced by the learned standing Counsel on the next date of listing.";