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District Assistant Registrar & Another v. Public Service Tribunal & Others - WRIT - A No. 27357 of 1999  RD-AH 9009 (11 May 2007)
Court No. 10
. Civil Misc. Writ Petition No. 27357 of 1999
District Assistant Registrar, Cooperative Societies, U.P. Ghazipur and another
Public Service Tribunal, Indira Bhawan, Lucknow & others
Chandra Dixit and others
Hon'ble Anjani Kumar, J.
Hon'ble Sudhir Agarwal, J.
Heard Sri S.K. Rai, learned counsel for the petitioners.
This petition has been filed by District Assistant Registrar, Co-operative Societies, U.P. Ghazipur and Assistant Development Officer, Co-operative Barachawar, District Ghazipur against an order of U.P. Public Services Tribunal which was passed on a claim petition filed by respondent no.2, Ram Bilas Ram whereby the claim petition filed by him has been allowed. In the said claim petition, State of U.P. through Secretary, Cooperative Societies was impleaded as one of the respondents whereas Assistant Registrar, Cooperative Societies, Ghazipur was second respondent and Assistant Development Officer, Co-operative Barachawar, Ghazipur was the third respondent. Apparently, if any person could be said to be aggrieved by the order of the Tribunal, would be the State of U.P. and not District Assistant Registrar, Cooperative Societies. The Assistant Registrar of the District Cooperative Societies has ventured to file this petition without there being any instruction or direction from the State Government. At least nothing has been placed on record. This clearly shows his personal involvement in the dispute. The same thing is with regard to petitioner no.2. The petitioners have filed the writ petition through a private counsel and not through Standing Counsel.
In the circumstances, the writ petition is dismissed for overstepping the jurisdiction by the petitioners. We impose heavy cost of Rs.50,000/- (Rupees Fifty Thousand only) which would be shared equally by the petitioners. The cost shall be recovered from the personnel holding office of petitioners no.1 and 2 at the relevant time when the petition was filed. In case the cost is not deposited within one month from today, the same shall be recovered by the District Magistrate, concerned as arrears of land revenue. The Registry is directed to deposit 50% of the costs so recovered to deposit Allahabad High Court Legal Authority Cell and the remaining 50% with Allahabad High Court Mediation Centre.
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