2ET$TI0N UNEEQ‘gRTIGLE 22§/227 comsoggpmiow OF 1EDIA. KJ ‘>IN mHE HxGH ceUgx GE MADHYA ?RADESH AT JABALEUR Miacellaneoua 2etition No. Gel O of 1987 G , / ?etitieaer: Janyad Panchayat, Nawagarh (Janjgir), a body corporate estaolisheo unaer section 4(2) of the M.?.Panohayat Adhiniyaw, i 1931, Tahsil'Janggir, District’Bilasgur, m.P. L § (Versus 1. Stats of M3. , through. the Secretary, Local Self Government, Vallabh Bhaw‘an, _ Bhoyal. ' I ‘ ’ "§ 7;; 2. Collector, Bila'wur District Bilaspur. y kgo Shivrinarayan; Municipal Gouncil, ¢ W Tahsil Janjgir, District. Bilaspux’. LT ¥ 2,», \ disputes the fact and COIw \ Ends that the order has b6en /AF 7 <_ XI-HC-22 / W {>- m 370/8?‘ mm w . 200 m mmmvrsa Emmq é:m wan 1im wm 22/4/2002 Shri Rajeev Shrivastava for the petitionér. Shri Gautam Bhaduri, Govt. Advocate, for respondents no. 1 and 2. Shri Manindra Shrivastava for respondent’no.3. Heard. By this petition und 3r Article 226/ 227 of the Constitution of India, the petitioner has challenged the order dated 2 1/ 1/ 1987 (Annextre-P/ 1) passed by the Collector, who has assigned the rights of management of Shivri Narayan Mela in favour of the Municipal Council, Shivri Narayan/respondent no.3. Counsel for the petitioner submits that the order paseed by the CollectOr (Annexure ~P/ 1) is cryptic, Without any reason and is against the provisic ns of law. \ Counsel for the respondent nol3 on the other hand XI—HC-22 passed keeping in mind t caS6. Section 90 of Panchayat Raj Avam Gram Swaraj- Adhiniya‘m, 1993 is relevant and is quoted below : “90. Disgutes between Panchavats and other local authoritLes— ( 1) In the exfeh§;, of any dispute arising between two or more Panchayatso Panchayat and any other local authorit in any matter in Which they are join 1y‘ interested such dispute shall be ref ITed to the State Govt. and the decision of the State Government thereon shall be f1 . : Provided that if the dispute is between a Panchayat and a c tonment board the decision of the Stat Government shall be subject to approval of the Central Govt. (2) The State Govt, may by rules made under this Act, regulate t e relations between Panchayats and P chaya; and other local authorities in matt rs in which they are jointly interested.” ' ‘ Therefore, it is evident fr in the aforesaid Section that in case any dispute arises betwe n two or more Panchayats or