LAWS(ALL)-2011-6-46

GRAM PANCHAYAT ADHIKARI SANGH,THRU PRESIDENT Vs. STATE OF U.P. THRU PRINCIPAL SECRETARY PANCHAYAT RAJ AND ORS.

Decided On June 06, 2011
Gram Panchayat Adhikari Sangh,Thru President Appellant
V/S
State Of U.P. Thru Principal Secretary Panchayat Raj And Ors. Respondents

JUDGEMENT

(1.) HEARD learned Counsel for the Appellant and learned Additional Chief Standing Counsel and perused the record.

(2.) WITH the consent of parties, we dispose of this appeal at the admission stage. The present appeal has been preferred against the impugned judgment and order dated 2.5.2011 passed by Hon'ble Single Judge in Writ Petition No. 2195 of 2011.

(3.) IT has been submitted by the learned Counsel for the Appellant that the District Magistrate, Ambedkar Nagar by order dated 10.1.2011 took a decision to allocate work equally amongst all the Gram Panchayat Adhikari. Order passed by the District Magistrate has been violated by the Chief Development Officer by the impugned order dated 29.1.2011 and some of the Gram Panchayat Adhikari have been asked to look after the work of more than eight gram panchayats. So far as the first submission of the Appellant's counsel that the writ petition preferred by the association is maintainable, carries weight. Along with the writ petition, the Appellant has filed copy of the resolution of the association attached as Annexure No. 3 to the writ petition which has been admitted by the learned Additional Chief Standing Counsel and submitted that the resolution was annexed with the writ petition filed before the Hon'ble Single Judge. Hence, the observation made by the learned Single Judge that the Appellant association was not authorized to file the writ petition to seek relief is based on unfounded ground.