MOHAMMAD SHARIF Vs. SATE OF U P

JUDGEMENT

(1.) Heard Sri Bimal Prasad, learned counsel for the petitioner and Sri Nitin Kumar Agrawal, learned counsel for Nagar Palika Parishad. Sri Chauhan has appeared for the Gaon Sabha and learned standing counsel for respondent Nos. 1 to 3.

(2.) The challenge in this petition is to the initiation of the proceedings under Section 122B against the petitioner on the ground that the petitioner has violated the provisions of Section 122B of the U. P. Zamindari Abolition and Land Reforms Act causing damage to the property vested in the respondent No. 5 local authority.

(3.) A Notice was issued to the petitioner, who filed an objection to the same contending that the notice itself is invalid inasmuch as it has been initiated at the instance of one Radhey Shyam Sharma under his signature, who is only a Member of the local Nagar Palika Parishad and he did not have any authority under the provisions of Rule 115D of the 1952 Rules to have initiated the said proceedings. Learned counsel for the petitioner submits that the aforesaid aspect has been completely misconstrued by the authorities and the objection of the petitioner has been wrongly rejected The revision filed against the same has been dismissed hence this petition.