Babu Ram vs State Of U.P. Thru Secy. And Others
2012 Latest Caselaw 4564 ALL

Citation : 2012 Latest Caselaw 4564 ALL
Judgement Date : 27 September, 2012

Allahabad High Court

Babu Ram vs State Of U.P. Thru Secy. And Others on 27 September, 2012

Bench: Dilip Gupta




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- WRIT - C No. - 50245 of 2012
 

 
Petitioner :- Babu Ram
 
Respondent :- State Of U.P. Thru Secy. And Others
 
Petitioner Counsel :- S.N. Pandey,A.K. Pandey
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Dilip Gupta,J.

The petitioner, who is a Gram Pradhan, has sought the quashing of the various orders including the order dated 9th August, 2012 passed by the District Panchayat Raj Officer, Kanpur Dehat by exercising powers under Section 32 of the U.P. Panchayat Raj Act, 1947 (hereinaftere referred to as the 'Act') read with Rule 178 of the Rules, a direction has been issued that the funds shall not be operated by the petitioner.

It is submitted by learned counsel for the petitioner that such power does not vests with the District Panchayat Raj Officer and the direction for ceasing the financial and administrative powers of the Pradhan can only be issued under Section 95(1)(g) of the Act.

The matter requires consideration.

Learned Standing Counsel appears for respondent Nos. 1 to 4. Issue notice to respondent No.5 by registered post. Steps may be taken within a week.

The respondents may file the counter affidavit within a period of six weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List this petition for admission/hearing in the week commencing 10th December, 2012.

Till the next date of listing, the operation of the order dated 9th August, 2012 passed by the District Panchayat Raj Officer, Kanpur Dehat shall remain stayed.

Order Date :- 27.9.2012