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BAITULLAH PRADHAN GRAM PANCHAYAT versus STATE OF U.P. THRU' SECY. & ORS.

High Court of Judicature at Allahabad

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Baitullah Pradhan Gram Panchayat v. State Of U.P. Thru' Secy. & Ors. - WRIT - C No. 46291 of 2005 [2006] RD-AH 8938 (4 May 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

RESERVED

Civil Misc. Review Petition No. 145913 Of 2005.

On behalf of

Baitullah, Pradhan,

Gram Panchayat-Bhagwanpur,

Block Development Office-Birdpur,

District-Siddharth Nagar                                         ......Petitioner/Applicant.

In

Civil Misc. Writ Petition No. 46291 Of 2005.

Baitullah, Pradhan,

Gram Panchayat-Bhagwanpur,

Block Development Office-Birdpur,

District-Siddharth Nagar                                                         ......Petitioner.

Versus

State of U.P. and others                                                       ..Respondents.

........................

Hon'ble Anjani Kumar, J.

This review application filed by the petitioner seeks to review my judgment dated 1.7.2005 whereby the writ petition filed by the petitioner was dismissed. Against the judgment, which is sought to be reviewed, petitioner has filed a Special Appeal bearing No. 858 of 2005 which has been dismissed by the Division Bench of this Court vide its order dated 15.7.2005.

There is yet another judgment relied upon by this Court namely, the judgement in the case of Smt. Krishna Devi Versus District Magistrate, Ghaziabad and others, which has also been affirmed by the Division Bench of this Court in Special Appeal No. 1080 of 2003; Smt. Krishna Devi Versus District magistrate, Ghaziabad and others. Since the judgement now sought to be reviewed has already been upheld by the Division Bench of this Court in Special Appeal No. 858 of 2005, therefore, this review application is not maintainable and is liable to be dismissed on this ground alone.

On merits, learned counsel for the petitioner has not been able to demonstrate that the judgement sought to be reviewed suffers from any error on the face of record. Learned counsel for the petitioner laid much emphasis that in the case of petitioner impugned order has been passed without complying with the provisions of concerned statutory rules. In the case of Smt. Krishna Devi Versus District magistrate, Ghaziabad and others my view that the impugned order directing the ceasure of financial and administrative powers in contemplation of any enquiry, is only an interim measure and regular inquiry will be followed after complying with the statutory rules, has been upheld by the Division Bench of this Court in Special Appeal No. 1080 of 2003;  Smt. Krishna Devi Versus District magistrate, Ghaziabad and others, decided on 23rd October, 2003. This being factual position, the argument that the 1997 Rules having not been complied with in the case of petitioner before passing the impugned order, cannot be sustained in as much as the stage of procedure prescribed under the Rules has yet not come at the stage when the impugned order was passed.

In this view of the matter, this review application has no force and is dismissed.

Dated:

HR


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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