SHER MOHAMMED KHAN Vs. ZILA ADHIKARI SULTANPUR

JUDGEMENT

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

(2.) By means of this petition under Article 226 of the Constitution of India, petitioner challenges the validity of the order dated 25.11.1998 whereby the District Magistrate in exercise of powers under Section 95 (1) (g) read with rules framed under the said Section has ceased the financial and administrative powers of the petitioner to act as Pradhan and simultaneously appointed a Committee as provided under the said rules.

(3.) Learned counsel for the petitioner vehemently urged that impugned order dated 25.11.1998 is wholly illegal and without jurisdiction inasmuch as, according to him, only the Sub-Divisional Magistrate could pass the said order, the District Magistrate had no Jurisdiction to pass the same. The order being illegal and without Jurisdiction, according to him, therefore, was liable to be quashed. On the other hand, learned standing counsel supported the validity of the impugned order. It was urged that the District Magistrate had the Jurisdiction to pass the order ceasing the administrative and financial powers of the Pradhan.