Jyoti Prakash Gupta vs State Of U.P. And Another
2014 Latest Caselaw 3864 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 

 
Case :- WRIT - C No. - 39169 of 2014
 

 
Petitioner :- Jyoti Prakash Gupta
 
Respondent :- State Of U.P. And Another
 
Counsel for Petitioner :- Raj Karan Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Vivek Kumar Birla,J.

Heard learned counsel for the petitioner.

The challenge raised in this petition is to the orders passed by the Sub-divisional Magistrate working as Executive Officer of the Nagar Panchayat, Mundera Bazaar, District Gorakhpur  dated 22.04.2014, 24.04.2014 and 25.04.2014 on the ground that the SDM has no authority to function as Executive Officer as held by the Division Bench of this Court in the case of Girdhari Lal Swarnkar Vs. State of U.P. reported in [2014 (1) ADJ 368].

Sri R.K. Yadav, learned counsel for the petitioner submits that once the Government Order under which Sub-divisional Magistrates were functioning as Executive Officers has been held to be unlawful and is in violation of 1966 Rules, then in that event, any action taken by the SDM for constituting several committees and thereby reducing functional powers of the petitioner as Chairman, Nagar Panchayat is also illegal. Prima facie, the contention appears to be correct.

Learned Standing Counsel for the respondents prays for and is granted three weeks' time for counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List thereafter. 

Until further orders operation of the orders dated 22.04.2014, 24.04.2014 and 25.04.2014 shall remain stayed.

Order Date :- 31.7.2014

Ajay