- (1.) PALOK Basu, J. Writ Petition No. 8829 of 1996, Gram Panchayat, Waleedpur Pargana and Tehsii Mohamdabad Gohna district Mau through its Pradhan Anwar Ahmad v. Zila Panchayat Mau through its Adhyaksha and Civil Misc. Writ Petition No. 9711 of 1996, Goan Sabha, Khairabad through its Pradhan Iqbad Ahmad v. Zila Parishad Mau.
(2.) IDENTICAL questions have been raised in the aforesaid two writ petitions. Shri Indra Raj Singh and Shri Jai Prakash Singh, learned counsel for the petitioners in the two writ petitions have been heard at substantial length. Shri Satyendra Pratap Singh appeared on behalf of Zila Panchayat, Mau and Shri S. G. Hasnain, learned Additional Chief Standing Counsel appeared on behalf of the State of U. P. and other State authorities in these two writ petitions have also been heard in opposition. The prayers sought are that a mandamus should issue restraining the respondents from collecting Tehbazari in the Haat and Mela which the petitioners in each case are holding within their territory. The further prayer is that the auction notices at the instance of the Zila Panchayat thereby proposing to auction the rights to collect Tehbazari etc. in those markets on behalf of the Zila Panchayat, Mau may also be stayed. It was vehemently argued that Gaon Sabhas are the initial units which under the provisions of the U. P. Z. A. & L. R. Act are offered rights on certain land included in the villages. Reliance was placed on provisions contained in Section 122 of the U. P. Z. A. & L. R. Act. Takinc clue from the provisions therein it was argued that except the Gaon Sabhas/ Gram Panchayat none else could exercise right of auctioning or dealing or managing Haat, Mela and Markets falling within the territory of 'goan Sabha/gram Panchayat. It was argued that even if the provisions under Section 117 of the U. P. Z. A. & L. R. Act are interpreted most liberally, Zila Paachayats would be excluded from exercising' those rights concerning those melas which fall within the territory of Gaon Sabhas/gram Panchayats. 5 In opposition it was contended that the Government has issued a G. O. under which Haat, Bazar and Melas fetching more than Rs 2 000 per year as Tehbazari income shall be managed and dealt with by Zila Panchayats only. It was further emphasised by the respondents' counsel that the Zila Panchayats will be empowered through the aforesaid G O to exclude the rights of the Gaon Sabh as and the G. O. will be con ferring jurisdiction exclusively on the Zila Panchayats to manage those Haats, Bazars and Melas. 6 However there is specific provision contained in Section 256 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayat Adhiniyam, 1961 which for ready reference is quoted below :- "256 Decision of disputes between authorities.- (I) Should a dispute arise between a Zila Panchayat or a Kshettra Panchayat and any other local authority on any matter in which they are jointly interested, such dispute shall be referred to the State Government whose decision shall be final. (2) The State Government may regulate by rule the relations to be observed between Zila Panchayats and Kshettra Panchayats and other local authorities in any matter in which they are jointly interested. " 7 It is established beyond doubt from what has been provided in the aforesaid section that State Government alone should give a decision in case a dispute arises between Zila Panchayat and Gaon Panchayat. It may also be remembered that the Hon'ble Supreme Court has laid down in series of decisions that in matters where such disputes arise, it is a duty of the State Government to decide those disputes. 8. In view of the aforesaid provisions and the facts involved it is here by directed that if the petitioners or the respondents make reference to the State Government alongwith a certified copy of this order, the said reference shall be decided expeditiously preferably within two months of filing of the certified copy of this order. It will be open to the petitioners to apply for such interim orders as they may be advised to make before the State Government. 9 With the aforesaid directions, the writ petitions are finally disposed of at the admission stage. Let a certified copy of this order be furnished to the learned counsel for the parties on payment of usual charges within three days for doing the needful. Petitions disposed of. .;