Allahabad High Court
Shiv Mohan Lal vs State Of U.P. & Others on 11 January, 2010
Author: Amreshwar Pratap Sahi
Bench: Amreshwar Pratap Sahi
Court No. - 38 Case :- WRIT - A No. - 895 of 2010 Petitioner :- Shiv Mohan Lal Respondent :- State Of U.P. & Others Petitioner Counsel :- H.M. Srivastava,Neeraj Srivastava Respondent Counsel :- C.S.C. Hon'ble Amreshwar Pratap Sahi,J.
Heard learned counsel for the petitioner and the learned standing counsel.
The petitioner contends that the report of the petitioner categorically mentions that the land, which was sought to be exchanged belongs to the Gaon Sabha. The Tehsildar and the Nayab Tehsildar have reported that the petitioner gave a wrong impression about the location of the land and therefore he deserves to be suspended.
I have perused the report of the petitioner dated 21.10.2009. The petitioner has simply reported that the plot no. 562 belongs to the Gaon Sabha land. The site plan, which has been prepared, may not have detailed the boundaries and the same may not amount to a serious misconduct on the part of the petitioner, whose report is subject to further inquiry by the authority. The petitioner has not passed any order nor has he given an incorrect picture about the revenue record whereas he has categorically described the plot as a Gaon Sabha land. In this view of the matter, the suspension order deserves to be stayed.
Until further orders of this Court, the operation of the order dated 31.12.2009 shall remain stayed.
However, the inquiry shall be concluded against the petitioner within three months.
Learned standing counsel has accepted notice on behalf of the respondent nos. 1 to 3, who may file a counter affidavit within three weeks.
Rejoinder affidavit may be filed within a week thereafter.
List thereafter.
Order Date :- 11.1.2010 Akv