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34 S.B. CIVIL WRIT PETITION NO.1559/2010.
Daya Ram & Ors. Vs. State of Rajasthan & Ors.
..
DATE OF ORDER: 10th October 2011.
HON'BLE MR. JUSTICE DINESH MAHESHWARI
Mr. Sunil Mehta, for the petitioner.
BY THE COURT:
In regard to creation of new Panchayat Samiti, Chitalwana by
splitting the Gram Panchayats of Panchayat Samiti Sanchore
including Gram Panchayat Bhatki, the petitioners, said to be residing
within the area of Gram Panchayat Bhatki, have filed this writ
petition seeking to question such creation of new Panchayat Samiti
without compliance of the mandatory requirements of Section 101 of
the Rajasthan Panchayati Raj Act, 1994.
The notification in question is said to have been issued way
back on 28.10.2009.
Although it is sought to be argued with reference to the
decision of this Court in DBCWP No.5151/1999, decided on
21.01.2002 that the requirements of Section 101 are mandatory in
character, this Court is not inclined to entertain this writ petition for
the reason that the petitioners, allegedly residing within the area of
Gram Panchayat Bhatki, appear not to have even served a notice on
the Government stating their grievance and seeking redressal
thereof. Moreover, there appears no reason and justification now at
this stage that the position that has continued since 28.10.2009
regarding the status of the concerned Panchayat Samiti be taken up
for alteration on the alleged ground of want of notice under Section
101 of the Act of 1994.
The petitioners are free to take recourse to the appropriate
remedy in accordance with law but no case for exercise of extra-
ordinary writ jurisdiction is made out.
The writ petition is, therefore, rejected.
(DINESH MAHESHWARI), J.
cpgoyal/-
