Section 116(1) in The U.P. Gram Sabha, Gram Panchayat and Bhumi Prabandhak Samiti Manual
(1)(A)Where a suit or proceedings has been decided against the Gram Sabha or State Government, the Collector, after consulting District Government Counsel, Revenue or Civil, as the case may be, shall himself decide about filing of first appeal in revenue and civil cases because period of limitation is only 30 days. Collector shall decide to file second revenue appeals also. He himself will also decide as to whether first or second revenue appeals filed against Gram Sabha have to be opposed or not. When in any case second civil appeal is to be filed, Collector will obtain the order of Legal Remembrancer of the Government. When the second civil appeal or revision is filed against the decision of lower Court in favour of Gram Sabha, Collector will obtain the order of the Head of Department to oppose such appeal or revision. When it is decided that whether appeals, revisions or writ petitions in the High Court or Supreme Court are to be opposed or not, Collector will obtain the order of Government in the Revenue Department. Where the intricate questions of law is involved or where there is difference of opinion between the District Officer and District Government Council, matter may be referred to the Government in the Revenue Department. In all cases of reference to the Government, whether in the judicial department or in the revenue department, Collector, with the narration of facts and opinion of the Government Counsel, shall send a copy of order of the original or appellate Court or a copy of the writ application through the Commissioner of the division concerned, who in accordance with the directions contained in G. O. No. X-81/VII-B/F-4000/21-1957, dated 24th January, 1957, will take action in the case as the Head of the Department. [Vide G.O. No. U.O.-400/ID-68, dated 21st January, 1969 read with G.O. No. C-11924/VII-B/F-239-56, dated 29th December, 1956].(B)According to the amendment in the Rules of the Court, 1952 [See Allahabad High Court Rules], Volume 1, Chapter 9, Rule 22, Gram Sabha counsels appointed at the Allahabad High Court and its bench Lucknow, instead of Chief Standing Counsel, the Advocates of Gram Sabha appointed by Allahabad and Lucknow High Courts will receive notices or copies of writ petitions and appeals filed relating to Gram Sabha or Bhumi Prabandhak Samiti, and the concerned District Officer will send copies of writ petitions or appeals to the D.G.C. who shall send those writs, etc. within 14 days of receipt thereof, particulars of the case to the Government in Revenue Section 7 Anubhag along with the opinion of Government Counsel and his specific recommendations. He will, on obtaining the orders of the Government, send well acquainted person with the facts of the case along with relevant records and requisite money for miscellaneous expenses to the Gram Sabha counsel at the High Court for filing of counter-affidavit. [Vide Government's Circular No. 88/10/73 (402)-Rajasva-7, dated 4th December, 1973 and U.O. No. 400/I-D-68, dated 21st January, 1969].In must be taken in account that in every writ petition, special appeal or special leave to appeal to the Supreme Court, the orders of the State Government for opposing or not opposing it or for filing or not filing have to be obtained after sending all relevant materials to them. [Vide G.O. No. 66/G-5-426-1967, dated 12th June, 1957]:Provided that it shall not be necessary for the Standing Counsel to oppose on behalf of the State Government the writ petitions, in which State Government and Gram Sabha are as defendants, until in special circumstances orders are give otherwise. Generally counsel appointed for doing pairvi in the suits of Gram Sabha will proceed for opposing the writ petitions. In the cases of Gram Sabha, in which Government counsel and District Officer recommended that it is necessary to oppose on behalf of the State Government, the Revenue Section 7 will request to the judicial department to issue order to the Standing Counsel to oppose on behalf of the State Government. [Vide G.O. No. U.O.-3172-W/VIII-B-96-123-76-Rajaswa-7, dated 24th June, 1976].
