IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1044 of 2010 (M/S) Shamsher Bhadana S/O Sri Roshan Deen R/O Village Peeli Padav Block Bahadarabad, P.O. Sajanpur, District Haridwar. …… Petitioner. Versus 1. State of Uttarakhand through its Secretary, Panchayat Raj, Secretariat, Dehradun. 2. Director Panchayat Raj Uttarakhand Directorate, Dehradun. 3. District Magistrate, Haridwar. 4. Zila Panchayat Raj Adhikari, Haridwar. 5. Chief Development Officer, Haridwar. 6. Upper Mukhya Adhikari, Zila Panchayat, District Haridwar.. … Respondent. Sri B.P.Nautiyal, Advocate, learned counsel for the petitioner. Mr. N.P.Shah, Advocate, learned Standing Counsel for the State-respondents No. 1 to 5. Mr. G.S.Joshi, Advocate, holding brief of Mr. Arvind Vashisht, Advocate, for the respondent no. 6. Date June 28, 2010. Hon’ble B.S.Verma, J. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the final decision dated 15-5-2010 (Annexure 4 to the petition) taken by the committee, whereby Village Panchayat Sajanpur Peeli is delimitated and revenue village Peeli Padaw is constituted as Village Panchayat Peeli Padaw as published on 15-5-2010. The petitioner has also assailed the list of provincial electoral area of Kshetra Panchayat (Annexure-7 to the petition). According to the petitioner, there are two Mazara, namely Sajanpur Peeli and Peeli Padaw within the Gram Panchayat Sajanpur Peeli. The population of Sajanpur Peeli is 1255 and Peeli Padaw is 1697, thereby the total population of Gram Panchayat Sajanpur Peeli is 2952. In pursuance to the Notification dated 6-4- 2010, the process of delimitation of Gram Panchayat Sajanpur Peeli 2 was initiated as a proposal for delimitation was submitted by some villagers under the political pressure of the members of the ruling party within the village. Objections were invited and were filed against the proposal by the villagers. It is stated in paragraph no. 11 of the petition that Sri Shyam Singh Pal (Up-Pradhan) and other villagers objected the delimitation of Gram Panchayat Sajanpur Peeli. A perusal of the record shows that the Block Development Officer Bahadarabad has proposed that there is a distance of about 12 kms. between two village Panchayats Sajanpur Peeli and Peeli Padaw. Village Sajanpur Peeli is situated in the south of Haridwar-Najibabad Highway, while village Peeli Padaw is situated towards the north of the said Highway. He also opined that there is land belonging to Rajaji National Park in between two villages besides forest and a river in between the two villages, therefore, recommendation was strongly made by the Block Development Officer to separate Gram Panchayat Peeli Padaw from Gram Panchayat Sajanpur Peeli on the ground of geographical conditions of the two villages. It appears that some villagers of Gram Panchayat Sajanpur Peeli filed objections against the proposal on the ground of relationship and good relations between two Gram Panchayats these Gram Panchayats be not separated. Learned counsel for the petitioner has contended that there was no proposal on the behest of Shyam Singh Pal. An affidavit shown in by Shyam Singh Pal has been annexed as Annexure-5 to the petitioner, but no such affidavit was filed before the Collector. Learned counsel also contended that Shyam Singh Pal had filed objection before the Collector. Initially, Shyam Singh Pal made a proposal. Later-on he filed an objection. If this argument of the learned counsel is considered, it makes no difference. Other villagers have also made proposal for separation of the Gram Panchayat, which was considered by the committed headed by the Collector Haridwar. 3 From a perusal of the impugned decision, it is obvious that the committed headed by the Collector has heard the objector on 15th May, 2010. After considering the objection, decision to separate the two Gram Panchayats has been taken on the ground of geographical conditions of two villages coupled with the fact that there is forest land of Raja Ji National Park between two village and there is a river in between these villages. It has also been observed by the committed that the distance of the two villages is about 10 kms., therefore, the committee took the decision that Gram Panchayat Sajanpur Peeli be separated and the proposal was accepted to separate Gram Panchayat Peeli Paraw from Gram Panchayat Sajanpur Peeli. After separation, both the Gram Panchayats are having population more than 1000. Having considered the submissions of the learned counsel for the parties and having gone through the impugned orders, I find that there is no illegality in the decision taken by the committee for separation of the two Gram Panchayats on geographical conditions. The writ petition being devoid of merit is liable to be dismissed at the threshold. The writ petition is dismissed in limine. ( B.S.Verma, J. ) RCP