Case Note & Summary
The petitioner, Village Panchayat Gandhari, filed a writ petition seeking to quash an e-tender notice dated 15.12.2017 for sand excavation in their village, and to restrain allotment to respondent no.6. They argued that the Gram Sabha had passed a resolution opposing sand excavation due to adverse effects on drinking water and irrigation, and that the Government Resolution dated 12.03.2013 required Gram Sabha recommendation before auction. The Sub-Divisional Officer overrode the objection. The respondents contended that the procedure was followed, joint survey was conducted, and the Gram Sabha objection was considered and rejected in the interest of revenue and preventing illegal mining. The legal issues involved interpretation of the GR, joint survey requirements, and autonomy of the Gram Panchayat under Article 243 of the Constitution. The Court's decision is not mentioned in the provided text.
Issue of Consideration
Whether the e-tender notice for sand excavation at village Gandhari is valid in light of the Gram Sabha's resolution opposing it and the mandatory provisions of the Government Resolution dated 12.03.2013; whether the sand spot auction could proceed without the Gram Sabha's recommendation and whether the Sub-Divisional Officer properly considered the objection
