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BADAN SINGHA AGRAWAL versus BHARAT SEWAK SAMAJ HIGHER SECONDARY SCHOOL & OTHERS

High Court of Judicature at Allahabad

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Badan Singha Agrawal v. Bharat Sewak Samaj Higher Secondary School & Others - SPECIAL APPEAL No. - 1173 of 2007 [2007] RD-AH 15293 (11 September 2007)

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 AT ALLAHABAD

CJ's Court

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

APPELLATE JURISDICTION

Special Appeal No. 1110 OF 2007.

1. Angoori Devi, wife of Sri Purshottam Dass Sharma

posted as Gram Pradhan, Village Nainana Brahmin,

Post Nainana Jat, Tehsil-Agra, District Agra.

........Appellant/Petitioner.

Versus

1. Collector / District Magistrate, Agra.

2. Sub-Divisional Magistrate/Officer, Sadar, Agra.

3. Chief Development Officer, District Agra.

4. State of U.P., through Secretary, Ministry of

Revenue, Secretariat, Lucknow.

........Respondents.

**********

Counsel for the appellant : Mr. Ajit Kumar

Counsel for the respondents : Mr. G.C. Upadhyaya

(Standing Counsel)

Hon'ble H.L. Gokhale, CJ.

Hon'ble Anjani Kumar,J.

Date: 11th September, 2007

Oral Judgement (Per: H. L. Gokhale, CJ.)

1. Heard Mr. Ajit Kumar in support of this appeal and Mr. G.C. Upadhyaya, learned counsel for the respondents.

2. The appellant aggrieved by the judgment and order passed by learned single Judge dated 6 th August, 2007 filed the present appeal, whereby the appellant-petitioner had challenged the order passed by the District Magistrate, Agra dated 24th February, 2007.

3. The appellant is a Pradhan of the village concerned. An allegation is made against her that she has encroached upon some land belonging to the village panchayat. The District Magistrate, Agra has passed the order dated 24th February, 2007 under Section 95 (g) of the U.P. Panchayat Raj Act, 1947 (here-in-after referred to as 'the Act'), whereby he prevented her to exercise her power except mid-day meal and scholarship. The learned single Judge has left the order un-disturbed.

4. Sri Ajit Kumar points out that the observation in first para of the judgment and order of the learned single Judge that the appellant has mis-utilized the amount of mid-day meal and scholarship, is not correct. He is right in that submission. However, as far as the second para of the judgment and order of learned single Judge whereby he has asked the District Magistrate, Agra to decide the representation and the show cause notice expeditiously, preferably within four weeks, there is no reason to interfere with the order. Learned counsel for the appellant has relied upon the proviso to Section 95(1)(g) of 'the Act', which requires opportunity. The present order is an ad-interim order, which cannot be said to be impermissible.

5. In view of above, this special appeal is dismissed. However, the appellant may file further representation before the District Magistrate, Agra, if she so desire.

Date: 11.09.2007.

Rks.

(Chief Justice)

(Anjani Kumar,J.)


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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