RAJBIRI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) ASHOK Bhushan, J. We have heard Sri A. K. Gaur, the learned Counsel for the appellant, learned Standing Counsel appearing for Respondents No. 1 and 2 and Sri Nitin Gupta, Counsel appearing for respondent No. 3.

(2.) THIS special appeal has been filed by the appellant against the judgment dated 27th January, 2003 passed by learned Single Judge in Writ Petition No. 4516 of 2003 (Smt. Rajbiri Devi v. State of U. P. and others,) dismissing the writ petition filed by the appellant.

(3.) THE learned Standing Counsel refuted the submissions raised by the Counsel for the appellant and submitted that there was sufficient materials before the District Magistrate to make a prima facie opinion as contemplated under Section 95 (1) (g) proviso hence no error was committed in ceasing the financial and administrative power of the appellant. Learned Standing Counsel has submitted that District Magistrate has considered the reply of the appellant and the order shows application of mind and the submission of the Counsel for the appellant to the contrary is not correct.