BABU RAM VERMA Vs. SUB DIVISIONAL OFFICER AKBARPUR

JUDGEMENT

(1.) D. K. Trivedi, J. By means of this petition, the petitioner prays for issue of a writ in the nature of certiorari for cancelling the allotment of the patta on the report dated 24-12-93, approved by the opposite party No. 1 as contained in Annexure No. 1 to this writ petition. He also prays for issue of a writ in the nature of Mandamus by which he has prayed that the opposite party No. 3 namely; Ram Kumar Goswami be restrained from interfering in peaceful possession of the Gaon Sabha over the pond in dispute.

(2.) THE present writ petition is filed by one Babu Ram, the Pradhan of Gaon Sabha-Shamshuddin Pur Post Office-Khempur, Distt. Faizabad, praying relief for the Gaon Sabha. THE petitioner filed this writ petition without serving a copy on Sri R. N. Gupta. , Advocate, the counsel for the Gaon Sabha but we called Sri R. N. Gupta Advocate and directed the petitioner to hand over a copy of this petition to him. Sri R. N. Gupta, Advocate, the learned counsel for the Gaon Sabha raised preliminary issues and submitted that the present writ petition is not maintainable as the same has been filed by the Pradhan himself and secondly, the same has been filed through a private counsel. He placed before us the provisions of Para- 131 of Gaon Sabha Manual which provide that a private counsel cannot be engaged on behalf of the Gaon Sabha unless there is resolution of the Gaon Sabha and further the Gaon Sabha obtains a prior approval of the Collector.

(3.) AS pointed out above, under the Act the State Govt. is authorised to issue directions from time to time in respect of the provisions of the Act and also with regard to litigation of the Gaon Sabha. Therefore, in our opinion if the State Govt. has issued directions in respect of the conduct of the litigation of the Gaon Sabha then, the same are binding on the Gaon Sabha. From the provisions of the Act as mentioned above, it is clearly settled that the Gaon Sabha as weft as the Land Management Committee shall be responsible for all litigation on behalf of the Gaon Sabha. It is also provided that they act through the counsel appointed U/s. 127-B of UPZA and LR Act which clearly provides appointment of the Panel Lawyers by the State Govt. Apart from this, there is a procedure prescribed for engaging the special lawyer in the Gaon Sabha Manual, therefore, a special lawyer can be engaged by the Gaon Sabha by adopting resolution and thereafter, with the prior approval of the Collector.