WP(C) 1837/2010 BEFORE HON’BLE MR JUSTICE B.P.KATAKEY The petitioner nos.1 to 4 who are the members of the Nilambazar, Fatehpu r, Angura and North Karimganj Anchalik Panchayats respectively, and the petition er no.5, which is a body formed by certain members of the anchalik panchayats, b y the present writ petition have challenged the District Development Plan prepar ed by the District Planning Committee, Karimganj district (in short, the DPC) fo r the year 2009-2010, which was submitted to the Govt of Assam in the Panchayat & Rural Development Department for approval, as required under sub-section (8) o f Section 3 of the Assam Panchayat Act, 1994(in short, the Act), vide communicat ion dated 28.10.2009 issued by the Chief Executive Officer, Karimganj Zilla Pari shad & the Secretary of the DPC, with a further prayer to direct the DPC to prep are the development plan in accordance with the provisions of the Act and to sub mit the same to the Government for approval. Petitioners have also prayed for a direction to the respondent no.1 namely the Commissioner & Secretary to the Govt of Assam in the Panchayat & Rural Development Department to make an enquiry rel ating to utilization of fund sanctioned for the year 2008-2009 in respect of the Karimganj district. I have heard Mr AB Choudhury, learned senior counsel for the petitioners ; Mrs HM Phukan, learned state counsel appearing for the respondent nos.1 to 5; and Mr N. Dhar, learned counsel for the respondent nos.6 to 8. None appeared for the respondent no.9. Mr AB Choudhury, learned senior counsel for the petitioners, referring t o the provisions contained in Section 3 as well as Section 126 of the Act, has s ubmitted that the DPC has to prepare the district plan for each year after takin g into consideration the plan submitted by the gaon panchayat, anchalik panchaya t as well as the zilla parishad and thereafter to send the same to the Governmen t of Assam for approval. According to the learned senior counsel, the Secretary of the DPC vide communication dated 28.10.2009 had submitted the development pla n in respect of the Karimganj district to the Government of Assam in the Panchay at & Rural Development Department without taking into consideration the plans su bmitted by the gaon panchayat as well as the anchalik panchayat, which is contra ry to the provisions of Section 126 of the Act. Learned senior counsel, therefor e, submits that the said plan submitted by the DPC before the Government of Assa m may be set aside and necessary directions issued to reconsider the matter rela ting to preparation of the district development plan and submission of the same to the Government for approval, may be issued. Mrs Phukan, learned state counsel appearing for the respondent nos.1 to 5 has submitted that the district development plan which was submitted by the Ch ief Executive Officer of the Karimganj zilla parishad, who is the Secretary of t he DPC, had not been approved by the Government. It has further been submitted t hat though in terms of the direction issued by the Government of Assam for resub mission of the same, the DPC adopted the resolution dated 15.3.2010 and submitte d a fresh development plan, the same was also not approved by the Government and directed the DPC to reconsider the matter in accordance with law and to resubmi t the district development plan. According to the learned state counsel, such pl an after issuance of such direction has not been submitted as yet, maybe because of the pendency of the present writ petition. Mr N. Dhar, learned counsel for the respondent nos.6 to 8, referring to the averments made in the additional affidavit-in-opposition filed on 14.6.2010, has submitted that the district development plan submitted by the DPC on 28.10. 2009 was not approved by the Government and thereafter though a fresh developmen t plan was submitted before the Government, the same was also not approved. Acco rding to the learned counsel, the Government directed the DPC to reconsider the matter and re-submit the draft plan in accordance with the provisions of the Act , and the reconsideration and exercise of fresh preparation of the district deve lopment plan could not be undertaken due to the pendency of the present writ pet ition. Learned counsel further submits that while preparing the district develop ment plan, the requirement of the provisions of the Act would be complied with. It appears from the materials available on record of the zilla parishad/ DPC as produced by the learned state counsel that the district development plan submitted by the DPC vide communication dated 28.10.2009 had not been approved b y the Government. Pursuant to the direction issued by the Government, the DPC in its meeting dated 15.3.2010 prepared a new district development plan for the ye ar 2009-2010, which was sent to the Government by the Chief Executive Officer, K arimganj zilla parishad, who is the Secretary of the DPC, vide communication dat ed 15.3.2010, for approval. The materials available on record further reveal tha t the Government refused to approve the district development plan as was submitt ed vide communication dated 15.3.2010 and vide the WT message dated 4.5.2010 dir ected the DPC to reconsider and prepare the district development plan afresh for the year 2009-2010 and submit the same for approval. The DPC is yet to convene the meeting and prepare the district development plan for the year 2009-2010 in terms of the directions contained in the WT message dated 4.5.2010. Section 126 of the Act provides for preparation of development plans. It requires that every gaon panchayat shall prepare every year a development plan and submit it to the anchalik panchayat and such anchalik panchayat thereafter i s to prepare the development plan for each area after including the development plans of the gaon panchayat so submitted and to submit it to the zilla parishad. The zilla parishad is required to prepare the plan of the district making inclu sion the development plan prepared by the anchalik panchayat, which in turn is t o be submitted before the DPC, which is constituted under sub-section (1) of Sec tion 3 of the Act. Sub-section (6) of section 3 of the Act provides that the DPC shall cons olidate the plan prepared by the zilla parishad, anchalik panchayaat and gaon pa nchayats, town committees, Municipalities and Municipal Corporation in the Distr ict and prepare a draft development plan for the District as a whole. Sub-sectio n (7) of Section 3 of the Act stipulates the factors to be taken into considerat ion by the DPC while preparing the draft development plan. Such plan, as recomme nded by the DPC, then is required to be forwarded to the Government for approval under sub-section (8) of Section 3 of the Act. In the instant case, the grievance of the petitioners relating to non-pr eparation of the district development plan for the year 2009-2010 in accordance with the provisions of the Act, which was forwarded to the Government for approv al vide communication dated 28.10.2009, in fact has been redressed, as the Gover nment has refused to approve such district development plan prepared by the DPC and directed the DPC to reconsider and reformulate the district development plan in accordance with law. The DPC, as noticed above, is yet to prepare the distri ct development plan for the year 2009-2010 afresh. In view of the aforesaid position, the present writ petition is disposed of with a direction to the DPC, the respondent no.8, to prepare the district de velopment plan in accordance with Section 126 read with sub-section (6) & (7) of Section 3 of the Act and submit the same before the Government of Assam as requ ired under sub-section (8) of Section 3 of the Act, for approval. The Government of Assam in the Panchayat & Rural Development Department shall, thereafter, dec ide on the question of according approval to such plan to be submitted by the DP C. Needless to say that in such proceeding for approval, it is open to the Gover nment to verify as to whether such plan has been prepared as required under the provisions of the Act. The entire exercise, keeping in view the purpose for whic h the district development plan is prepared, is directed to be completed within a period of three months from today. No submission has been advanced relating to the prayer for making an enq uiry regarding utilization of fund sanctioned for the year 2008-2009. Necessary particulars, to consider such prayer, have also not been furnished in the writ p etition. Writ petition is accordingly disposed of. Interim order passed earlier n aturally stands vacated. No costs.