ATA NASIBA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard W. H. Khan, learned Senior Counsel for the petitioner, learned Standing Counsel for the State Authorities and Sri H. N. Singh, learned Senior Counsel assisted by Sri Sant Ram Sharma, Advocate for respondent no.6.

(2.) This petition has been filed challenging an order passed by the District Magistrate, Hamirpur dated 24.7.2020, whereby the appeal preferred before the District Magistrate under Rule 3-AAA (2)(e) of the U.P. Panchayat Raj Rules, 1947 has been rejected. Challenge to this order is laid in the present writ petition filed by Smt. Ata Nasiba who is also the Pradhan of Gram Panchayat Fattepur, Tehsil Maudaha, District Hamirpur. The Gram Panchayat is also a party in the writ petition as petitioner no.2.

(3.) An objection is taken by Sri H. N. Singh, learned Senior Counsel for respondent no.6 to the maintainability of the writ petition on the ground that a writ petition by Gaon Sabha cannot be instituted through any private legal practitioner without obtaining prior permission of the Collector. Reliance is placed upon Section 72(4) of the U.P. Revenue Code, 2006.