- (1.) RAJEEV Gupta, C. J. Mr. M. S. Tyagi, Advocate for the petitioner. Mr. Subhash Upadhyaya, Standing Counsel for the respondents. They are heard.
(2.) PETITIONER Karam Pal Singh, claim ing himself to be the Pradhan of Gram Panchayat Chandarpuri Bangar, filed this writ petition for the following reliefs: "1. A writ, order or direction in the nature of certiorari quashing part of the Government order dated 31- 0-2002 by which the Government of Uttaranchal created a new Village Panchayat by name Chandarpuri Khadar by dividing the existing Gram Panchayat Chandarpuri Bangar. 2. A writ, order or direction in the nature of mandamus commanding the Respondents not to proceed with division of abadi of Revenue Village Chandarpuri Bangar and thereby create a separate Gram Panchayat Chandarpuri Khadari. Any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and cir cumstances of the case. Award cost of the Petition to the Petitioner. " 3. The petitioner is aggrieved of the creation of a new Village Panchayat Chandarpuri Khadar. 4. The petitioner's case is that Vil lage Panchayat Chandarpuri Khadar was created by dividing Village Panchayat Chandarpuri Bangar which is prohibited by the Second Proviso to Sub-Section (1) of Section 11f of the U. P. Panchayat Raj Act, 1947.
(3.) SECTION 11f of the U. P. Panchayat Raj Act, 1947, as amended for it's application to the State of Uttaranchal, reads as follows: "11-F. Declaration of Panchayat area.- (1) For the purposes of this Act the State Government may by notifi cation declare any area comprising a village or group of villages, having, so far as practicable, a population of 300 in hill area and 1000 in plane area to be a Panchayat area for the purpose of this Act by such name as may be specified: Provided that the population shall not exceed 1000 in hill area and 5000 in plane area, of the state as far as practicable: Further provided that for the pur pose of declaration of a Panchayat area no revenue village or any ham let thereof shall be divided: Also provided that if it is not practi cally possible to allow the above provisions then the State Govern ment may relax the aforesaid restric tions by order in the specific and unavoidable circumstances. (2) The State Government may, on the request of the Gram Panchayat concerned or otherwise, and after previous publication of the proposal, by notification at any time- (a) modify the area of any Panchayat area by including therein or excluding therefrom any area of a village or group of villages; (b) alter the name of the Panchayat area; or (c) declare that any area shall cease to be a Panchayat area. " A bare perusal of Section 11f re veals that what is barred is division of rev enue village or hamlet. In the present case, on inquiry it was found by the au thorities that several villagers who had their agricultural lands in village Chandarpuri Khadar were residing at a higher place away from their agricultural lands at the border of the two villages namely Chandarpuri Khadar and Chandarpuri Bangar.;