High Court of Judicature at Allahabad
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Smt. Jaldhara Pradhan & Another v. Block Development Officer & Others - WRIT - C No. 56787 of 2003  RD-AH 3465 (23 September 2005)
1.Writ Petition No. 56787 of 2003
2. Writ Petition No. 24593 of 2004
HON'BLE YATINDRA SINGH, J
HON'BLE R.K.RASTOGI, J.
1. This writ petition is against the recovery for surcharge under section 27 of the UP Panchayat Raj Act, 1947 (the Act).
2. We have heard counsel for the petitioner and standing counsel for the respondents. Section 27 of the Act empowers the prescribed authority to fix the amount of surcharge which can be recovered as arrears of land revenue. Standing counsel has informed the court that the District Magistrate is the prescribed authority under section 27(2) of the Act whereas the commissioner of the division is the appellate authority under section 27(3) of the Act. In this case no orders have been passed by the District Magistrate as yet. In these circumstances, it would be appropriate for the petitioner to file a representation before the District Magistrate of the district concerned within one month from today. In case any such representation is filed, it may be decided by the District Magistrate by a speaking order, if possible, within three-months from the date of receipt of the representation. The petitioner will file certified copy of this order; other necessary documents and a duly stamped self-addressed envelope along with the representation. The District Magistrate after taking decision will communicate the same to the petitioner. Till the representation of the petitioner is decided the recovery shall be kept in abeyance.
3. With these observations the writ petition is disposed of.
Date: 23. 9.2005
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