Uday Bhan vs Collector/ District Magistrate, ...
2013 Latest Caselaw 5421 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

AFR
 
Court No. - 21
 
Case :- MISC. SINGLE No. - 5528 of 2013
 
Petitioner :- Uday Bhan
 
Respondent :- Collector/ District Magistrate, Balrampur & Others
 
Counsel for Petitioner :- Shyam Mohan
 
Counsel for Respondent :- C.S.C.,Jai Kumar
 

 
Hon'ble Sibghat Ullah Khan,J.

There is absolutely nothing wrong in the impugned order passed by the Collector.  It is quite evident that Deputy Collector and other revenue authorities were in collusion with the petitioner and wanted to allot the land which was earmarked for the school. Collector Balrampur through impugned order dated 8.8.2013 passed in Case No. 83, under Section 122-C(6) of U.P. Z.A.&L.R. Act, State of U.P. vs. Uday Bhan very rightly set aside the order dated 4.10.2012 passed by Deputy Collector Utraula Suo motu allotting the school land to the petitioner.  In the operative portion Deputy Collector was directed to take stern action against concerned Lekhpal and initiate departmental proceedings against him. Along with that Collector should have recommended to the competent authority to initiate disciplinary proceedings against the Deputy Collector also because it was basically the Deputy Collector who made the allotment hence he was primarily responsible for loot of the Government property. In comparison to Deputy Collector, Lekhpal is a small fry. If higher officers are permitted to go scot free and action is taken against lower officers/officials that gives a very bad impression in the mind of the court and the public. 

Accordingly writ petition is dismissed.  However it is directed that disciplinary proceedings against the Deputy Collector as well as Lekhpal shall immediately be initiated after suspending them.

Office is directed to supply a copy of this order free of cost to Sri Z. Jilani, learned Additional Advocate General who is present in Court in connection with another case but on the asking of the court he has assisted the court in this case also.

Order Date :- 4.9.2013

Ravi