Nagendra Kumar Bajpai vs State Of U.P. Thru. The Prin. ...
2016 Latest Caselaw 2495 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?AFR
 
Court No. - 1 
 

 
Case :- MISC. BENCH No. - 10194 of 2016
 

 
Petitioner :- Nagendra Kumar Bajpai
 
Respondent :- State Of U.P. Thru. The Prin. Secy., Deptt. Of Revenue & Ors
 
Counsel for Petitioner :- Ramesh Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Attau Rahman Masoodi,J.

This writ petition has been filed by the Gram Pradhan of a village in his personal capacity through a private counsel who is not in the panel of the State. It has been pointed by the learned Standing Counsel that on account of the legal bar contained in Sections 72 and 73 of the U.P. Revenue Code, 2006 read with instructions in this regard under Appendix 2 of the U.P. Revenue Code Rules, 2016, the representation on behalf of the Gaon Sabha or in relation to its properties before the High Court  has to be through the Standing Counsel appointed by the State Government or a special counsel so appointed for conducting any such case either on behalf of the Gram Panchayat or against it.

In the instant case the petitioner who is the elected Gram Pradhanhas come up complaining of violation of law and unauthorized occupation of Gaon Sabha property for raising a construction by the respondent no. 5.

The petition, therefore, is consequently in the nature of a litigation on behalf of the Gaon Sabha for the protection of its property which can only be represented and conducted as per the provisions of section 72 and 73 of the U.P. Land Revenue Code, 2006 by the duly appointed Standing Counsel for the said purpose before this Court.

Consequently, the writ petition is dismissed as withdrawn with liberty to the Gaon Sabha or the Gram Pradhan to file a fresh writ petition through a duly appointed Standing Counsel for the Gaon Sabha.

Order Date :- 11.5.2016

Om.

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[Attau Rahman Masoodi, J.] [Amreshwar Pratap Sahi, J.]