VIJAY KUMAR CHAUBEY Vs. RAJENDRA AGARWAL

JUDGEMENT

(1.) Heard learned counsel for the petitioner and perused the record.

(2.) The petitioner has filed the present petition challenging the order dtd. 15/10/2022 passed by the learned Chief Judicial Magistrate, Ghazipur in Appeal No.5 of 2021 (Rajendra Kumar Agarwal Vs. Vijay Kumar Chaubey and others), under Sec. 160 of the U.P. Municipality Act, whereby he has rejected the preliminary objection with regard to maintainability of the appeal under Sec. 160 of the U.P. Municipality Act, 1916.

(3.) The objection was raised by the petitioner before the appellate Court that the appeal is not maintainable before the Chief Judicial Magistrate under Sec. 160 of the Municipality Act and would be maintainable before the District Magistrate. The said act itself provides that the State Government may issue an appropriate notification giving power to hear the appeal to any other Authority/Court also. By notification dtd. 11/7/1974, issued in consultation with the Allahabad High Court, the State Government provided that the appeal can be heard by the Court of Chief Judicial Magistrate also. The notification dtd. 11/7/1974, is quoted below:- <IMG>JUDGEMENT_74_LAWS(ALL)12_2022_1.jpg</IMG>