ROOP RANI Vs. STATE OF U P

JUDGEMENT

(1.) Notice on behalf of opposite party nos. 1 to 5 has been accepted by learned Chief Standing Counsel and Mr.R.N.Gupta, learned counsel has accepted notice on behalf of opposite party no. 6. For the order proposed to be passed, there is no need to issue notice to opposite party no 7, hence notice to opposite party no.7 is hereby dispensed with.

(2.) This writ petition has been filed seeking suitable order or direction to the opposite party no.2 to decide pending appeal filed under Section 27(3) of U.P. Panchayat Raj Act, 1947.

(3.) Learned counsel for the petitioner submits that vide order dated 12.4.2012 the District Magistrate, Raibareli had held the petitioner jointly guilty for misappropriation of funds to the tune of Rs. 70,090/- and the liability on the petitioner was fixed as Rs. 35,045/-. Thereafter recovery certificate dated 22/25.9.2012 has been issued for realization of alleged amount as a measure of land revenue. The petitioner feeling aggrieved has preferred appeal under Section 27(3) of U.P. Panchayat Raj Act, 1947. The said appeal is pending and not being decided and in the meantime, demand notice under Rule 236 of U.P.Z.A.& L.R. Act has been issued whereby a total of Rs. 70,090/- has been required to be deposited by the petitioner.