LAWS(ALL)-2013-4-169

SHYAM WATI Vs. STATE OF U P

Decided On April 23, 2013
Shyam Wati Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Learned counsel for petitioner informs that he does not want to to file rejoinder affidavit as purely legal questions are involved in the writ petition which can be decided even in absence of the same, learned Standing Counsel also agrees, as such, with the consent of parties' counsel, the writ petition has been heard finally.

(2.) Heard Dr. L.P. Mishra, learned counsel for petitioner, Mr. Sanjay Sareen, learned Standing Counsel for the State as well as Mr. Hemant Kumar Mishra, learned counsel for opposite party no. 7 and perused the record.

(3.) The writ petition has been filed by an elected Pradhan of Gram Panchayat Tar Gaon, Development Block Bichchiya, District Unnao challenging the order dated 04.03.2013 of District Magistrate, Unnao levying a sum of Rs. 2,99,461/- as surcharge and directing for recovery of the said amount and further ceasing of the financial and administrative powers of petitioner as Pradhan in exercise of powers under Section 95 (1) (g) of Uttar Pradesh Panchayat Raj Act, 1947 (hereinafter referred to as 'the Act').