@JUDGMENTTAG-ORDER
R.L. Gulati, J.@mdashThis is a petition under Article 226 of the Constitution by the Gaon Sabha Jhinjhak through its pradhan Shri Asharfi Lal.
2. Jhinjhak is a town area, which was created by a Notification No. 60/XI-235-E, dated January 11, 1916 u/s 3 of the U.P. Town Areas Act. On
November 17, 1972, the Governor of Uttar Pradesh issued another notification amending the schedule to the aforesaid Notification extending the
territorial jurisdiction of the town area. This Notification of November 17, 1972 has been challenged in this petition.
3. It is argued on behalf of the petitioner that the additional area, sought to be included in the limits of the town area, vested in the petitioner-Gaon
Sabha and that area could not be taken away under the U.P. Town Areas Act without abolishing the Gaon Sabha. There is no force in this
contention. A Gaon Sabha is a creature of the U.P. Panchayat Raj Act. Section 8 of that Act specifically provides that
if the whole of the area of Gaon Sabha is included in a municipality, cantonment, notified area or town area, the Gaon Sabha shall cease and its
assets and liabilities shall be disposed of in the manner prescribed. If a part of such area is so included, its jurisdiction shall be reduced by that
part.
Thus on the issue of the impugned notification the petitioner Gaon Sabha ceased to exist if the entire area vested in it has been included in the
jurisdiction of the town area. In case a part of such area only has been included in the town area, then the jurisdiction of the Gaon Sabha over the
area so included in the town area would cease. That result follows automatically on the issue of the notification.
4. The second question raised is that u/s 3 of the U.P. Town Areas Act, a town area can be formed only in respect of an inhabited place. It is
contended that the area sought to be included by the impugned notification is agricultural in nature and is not inhabited area. This averment has
been denied in the counter-affidavit filed on behalf of the Town Area Committee as well as by the State of Uttar Pradesh. It appears that before
issuing the notification the State Government called for a report from the District Magistrate. The District Magistrate reported that the population of
the Town Area had grown in its size and it being a commercial centre, its requirements had increased and, therefore, it was necessary to include in
its jurisdiction a wider area. It has further been stated in the counter-affidavit that the Gaon Sabha itself passed a resolution demanding the area
covered by the Notification to be included in the town area. The learned counsel for the petitioner says that that resolution was an unauthorised
one. Be that as it may, it is not necessary to resolve that controversy, because the decision of the State Government on this point is final, Sub-
section (2) of Section 3 of the U.P. Town Areas Act provides:--
The decision of the State Government that any inhabited area is not an agricultural village within the meaning of the provisions to Sub-section (1)
of this section shall be final and conclusive and the publication in the Official Gazette of a Notification declaring such area to be a town area or
within the limits of a town area shall be conclusive proof of such decision.
Thus the impugned notification is a conclusive proof of the fact that the area sought to be included within the limits of the Town Area is an inhabited
area and not an agricultural area. This point is no longer justiciable.
5. The petition fails and is dismissed but there will be no order as to costs.