Allahabad High Court
Gram Sabha Gooma Fatima Jot,Saduulah ... vs Deputy Director Of Consolidation ... on 6 January, 2020
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH Court No. - 25 Case :- CONSOLIDATION No. - 22782 of 2018 Petitioner :- Gram Sabha Gooma Fatima Jot,Saduulah Nagar Balrampur Respondent :- Deputy Director Of Consolidation Balrampur And Ors. Counsel for Petitioner :- Jai Kumar Counsel for Respondent :- C.S.C.,B.K.Saxena,Mihd. Waris Farooqui,Mohd.Tabrez Iqbal,Priti Saxena,R.N.Gupta,U.S.Sahai Hon'ble Mrs. Sangeeta Chandra,J.
1. The matter has been listed peremptorily today.
2. None appears on behalf of the petitioner.
3. There is no request for the adjournment either.
4. Sri U.S. Sahai, learned counsel for the contesting respondent, has pointed out the order dated 29.07.2019.
5. The order dated 29.07.2019 is relevant for the decision of this case and therefore, is being quoted hereinbelow in its entirety "A preliminary objection has been raised as regards the maintainability of the writ petition by Sri U.S. Sahai, learned counsel for respondent no.10-Parvez Ahmad on the following two grounds:-
(1). The instant petition has been filed without resolution of the Land Management Committee to institute this petition and without obtaining approval to any such resolution from the Sub-Divisional Officer/Collector, which is statutory requirement in terms of the various provisions contained in U.P. Revenue Code Rules, 2016, Uttar Pradesh Gram Sabha Manual, Uttar Pradesh Panchayat Raj Act and the Rules framed thereunder.
(2). In absence of requisite resolution duly approved by the Sub-Divisional Officer/Collector for engaging a Special Counsel, this petition can be filed only by the counsel appointed by the State Government to represent the Land Management Committee before this Court and not by any other counsel.
Heard Sri Mohd Arif Khan, Senior Advocate assisted by Sri Jai Kumar, learned counsel representing the Land Management Committee of village panchayat Gooma Fatima Jot, Post Office Sadullah Nagar, Pargana Sadulla Nagar, Tehsil Utraula, District Balrampur, learned Standing Counsel representing the State authorities and Sri U.S.Sahai, learned counsel representing the respondent no.10.
By means of this petition, a challenge has been made to an order dated 28.07.2018 passed by the Deputy Director of Consolidation, Balrampur whereby he has allowed the revision petition filed by the respondent no.2 against the order of the Settlement Officer, Consolidation passed on 15.06.1980 and has partially modified the order dated 20.01.1986/20.06.1986 passed earlier by the Deputy Director of Consolidation and has thus reserved a rasta admeasuring 60 kadisX40 kadis, having an area of 0.025 hectare from new gata no.740M which is included in the chak of chak holder no.23/19 from the main road to playground situate in the village concerned.
The Land Management Committee is a statutory body as defined under section 28-A of U.P. Panchayat Raj Act, according to which, the Gram Panchayat is the Bhumi Prabandhak Samiti and discharges the duties of upkeep, protection and supervision of all property belonging to or vested in or held by Gram Panchayat under Section 117 of Uttar Pradesh Zamindari Abilition and Land Reforms Act or under any other provision of the said Act. According to sub-clause (2) of Section 28-A of U.P. Panchayat Raj Act, Pradhan is the Chairperson of the Land Management Committee and Lekhpal of the area is its Secretary.
Section 28-B of U.P. Panchayat Act describes various statutory functions of the Bhumi Prabandhak Samiti for and on behalf of Gram Panchayat which broadly includes the general management and control of all property belonging to or vested in or held by the Gram Panchayat. The functions of Land Management Committee also includes conduct and prosecution of suits and proceedings by or against the Gram Panchayat. Sections 28-A and 28-B of U.P. Panchayat Raj Act are extracted herein below:
"28-A. Bhumi Prabandhak Samiti - (1) The [Gram Panchayat] shall also be the Bhumi Prabandhak Samiti and as such discharge the duties of upkeep, protection and supervision of all property belonging to or vested in or held by the Gram Panchayat under Section 117 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 or under any other provisions of that Act.
(2) The Pradhan shall be the Chairperson of the Bhumi Prabandhak Samiti, and the Lekhpal of the area comprised in the jurisdiction of the Gram Panchayat shall be its Secretary.
28-B. Functions of the Bhumi Prabandhak Samiti - (1) The Bhumi Prabandhak Samiti shall for and on behalf of the [Gram Panchayat] be charged with the general management and control of all property referred to in Section 28-A including-
(a) the settling and management of land but not including the transfer of any property for the time being vested in the [Gram Panchayat] under Section 117 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, or under any other provisions of that Act.
(b) the preservation, maintenance and development of forests and trees;
(c) the maintenance and development of abadi sites and village communications;
(d) the management and development of hats, bazars and meals;
(e) the maintenance and development of fisheries and tanks;
(f) the rendering of assistance in the consolidation of holdings;
(g) the conduct and prosecution of suits and proceedings by or against the [Gram Panchayat] relating to or arising out of the functions of Samiti;
(h) the performance of functions specifically assigned to the Bhumi Prabandhak Samiti under the U.P. Zamindari Abolition and Land Reforms Act, 1950 or any other enactment; and
(i) any other matter relating to such management, preservation and control as may be prescribed;
and may exercise all powers of the [Gram Panchayat] necessary for or incidental to the discharge of such duties.
2) The Bhumi Prabandhak Samiti shall function subject to the provisions of the U.P. Zamindari Abolition and Land Reforms Act, 1950."
Thus, in view of the aforequoted provisions of the said Act, it is the duty of the Land Management Committee to manage and preserve and supervise all property belonging to Gram Panchayat. It is also one of the statutory duties cast upon Land Management Committee to conduct and prosecute suits and legal proceedings by or against Gram Panchayat.
Though the Land Management Committee is bound by the statutory duty to conduct and prosecute legal proceedings by or on behalf of Gram Panchayat, however, functions of Bhumi Prabandhak Samiti on such directions are regulated by certain provisions contained in U.P. Gram Sabha Manual, U.P. Revenue Code, 2006 and the Rules framed thereunder known as U.P. Revenue Code Rules, 2016.
Para 111 of U.P. Gram Sabha Manual provides that the Chairman of Bhumi Prabandhak Samiti will have no right to institute any suit or proceedings, in absence of any consultation with the panel lawyers of Gaon Sabha and unless the orders of Collector or Sub-Divisional Officer in this regard is obtained.
Para 101 of U.P. Gram Sabha Manual provides that conduct of any litigation of the Gram Sabha shall not be dependent upon the individual discretion of the Chairman of the Bhumi Prabandhak Samiti, but it shall be a matter of resolution of the Bhumi Prabandhak Samiti as a whole. The said provisions though empower the Chairman of Bhumi Prabandhak Samiti to take action on his own in urgent case and seek ratification of Bhumi Prabandhak Samiti afterwards by including in the agenda of the next ensuing meeting.
Para 103 of U.P. Gram Sabha Manual provides for appointment of panel lawyers which empowers the panel lawyers to appear, plead and act without any written authority on behalf of Gram Sabha concerned.
Para 105 of U.P. Gram Sabha Manual further provides that it is only the Collector or Sub-Divisional Officer, who are authorized to grant sanction of panel lawyers. Sub-clause (2) of Para 105 further provides that the Bhumi Prabandhak Samiti cannot, except with the specific permission of the Collector, engage any lawyers other than Panel Lawyers.
Para 110 of the said Manual provides that the writ petition before High Court in which State of U.P. and Gram Sabha both are parties or Gram Sabha alone is a party will be conducted by the lawyers of Gram Sabha so appointed by the State Government. Paras 101, 105, 110 and 111 of Gram Sabha Manual are extracted herein below:-
"101. Gram Sabha's litigation- The conduct of Gram Sabha's litigation shall not depend upon the individual discretion of the Chairman of the Bhumi Prabandhak Samiti but shall be a matter of resolution of the Bhumi Prabandhak Samiti as a whole. In urgent cases, however, the Chairman can take action on his own and seek ratification of the Bhumi Prabandhak Samiti afterwards by including in the agenda of the next ensuing meeting.
105. Power to engage Panel lawyer- (1) Only the Collector or Sub-Divisional Officer are authorized to grant sanction to engage Panel Lawyers. In every case, the Bhumi Prabandhak Samiti shall obtain their sanction for engagement of such lawyers and shall not engage them directly.
(2) The Bhumi Prabandhak Samiti cannot, except by the specific permission of the Collector, engage any lawyers other than Panel Lawyers.
(3) Generally, Collector shall only in those cases, which can be of special intricacy or in which it can be apprehended that panel lawyer will collude with opposite party, grant permission to engage a lawyer other then the Panel Lawyer. [Vide sub-para (3) of Para 1 of G.O. No. C-5777/VII-B-F-1239-53, dated 30th March, 1954].
110. To conduct appeal and revisions etc. by the Panel Lawyer- Under the provisions of sub-para (4) of Para 117 the appeals or revisions in the case of Gram Sabha before the Collector, the Civil Judge or the District Judge at the headquarter of a district or before the Additional Commissioner or the Commissioner at the headquarter of a division are conducted by the panel (civil and revenue) of the district, where these courts set in consultation with the District Government Council. All the revenue cases before the Board of Revenue and all the civil cases arising out of the U.P.Zamindari Abolition and Land Reforms Act and writs before the High Court, in which State of U.P. and Gram Sabha both are parties or Gram Sabha alone is a party, are to be conducted by the lawyers of Gram Sabha so appointed by the State Government in this regard. In districts, where no panel lawyer (civil) exists, District Government Council will conduct the civil appeals or revisions. All revenue cases before the Board of Revenue, in which State of Uttar Pradesh and Gram Sabha both are parties and Gram Sabha alone is party, has to be conducted by the lawyers of Gram Sabha. All the civil cases arising out of the U.P. Zamindari Abolition and Land Reforms Act, 1950 and writs before the High Court, in which State of U.P. and Gram Sabha both are parties or Gram Sabha alone is party has to be conducted by the lawyers of the Gram Sabha so appointed by the State Government in this regard and in such cases, the Collector will have to obtain sanction of the Government in the Revenue Department. Generally, District Panel Lawyer will get fees as admissible, if Collector in particular cases does not certify that case is of intricate nature or for any other reason, he is entitled to get additional fees. Payment of the bills relating to the above cases and other miscellaneous expenses relating to that district shall be made from the Consolidate Gram Fund. [Vide G.O. No. C-831/VII-B-F-III-3-53, dated March, 1953; 2108/VII-F-E-1239/53, dated 24th August, 1959 and G.O No.A-4477/VII-B-F-1239-53, dated 3rd March, 1960].
Permanent advance of Rs.200 may be granted to the District Government Council (Revenue) from the Consolidated. Gram Fund for meeting day to day expenses. Counsel may spend money out of this advance and recompensate the money spent by submitting vouchers of expenditure. He will render the final account of the advance money to the Revenue Assistant in the office of the Collector or in the office of the Land Reforms Officer, as the case may be, at the month of financial year in the month of March by returning the unspent balance. At the beginning of the new financial year, the permanent advance of Rs.200 may again be given to D.G.C. (Vide G.O. No.92 (M) R-ID-2011-D-60, dated 8th March, 1961].
111. Instituting suit with consultation of Panel lawyer- (1) Gram Sabha will either be plaintiff instituting a suit or a defendant to contest a suit. The Chairman of Bhumi Prabandhak Samiti will have no right to institute any suit or proceedings, until he has consulted the panel lawyers and has obtained orders of the Collector or Sub-Divisional Officer.
(2) Before instituting a suit, Bhumi Prabandhak Samiti shall report full facts to the Tehsildar along with a copy of the resolution of the Samiti for instituting the suit or proceeding. Tehsildar shall after making such enquiry, as may be necessary and after consulting with Panel Lawyers of Tehsil, submit his report to Sub-Divisional Officer alongwith the opinion of Panel Lawyers of Tehsil. If suit or proceeding has to be instituted before Court of Tehsil headquarter, the Sub-Divisional Officer will decide. If suit or proceeding has to be instituted before court of District headquarter, Sub-Divisional Officer shall present all papers before Collector for order. The Collector will decide as to whether suit or proceeding be instituted or not. In this connection, he may consult with the District Panel Lawyer or District Government Counsel.
(3) Where the land of Gram Sabha has been alloted to the persons belonging to the Scheduled Castes or Scheduled Tribes according to the rules framed by the S.D.O. and Bhumi Prabandhak Samiti, pairvi shall be done in suits instituted by the influential persons or/and in suits instituted against Gram Sabha in respect thereof because there is interest invested on such land of the Gram Sabha and the State Government. [Vide D.O. No.5310/Ra-12-561-74, dated 2nd July, 1974 of the Commissioner and Secretary (Revenue)]"
Thus, from a perusal of the aforequoted provisions contained in U.P. Gram Sabha Manual, it appears that no lawyers other than the Gram Sabha engaged by the Collector or State Government can conduct the cases on behalf of the Gram Sabha. Sub-clause (2) of Para 111 of U.P. Gram Sabha Manual requires that before instituting a suit, the Bhumi Prabandhak Samiti shall report complete facts to the Tehsildar along with copy of the resolution of Land Management Committee for instituting a suit or proceeding. It further provides that the Tehsildar will thereafter make an inquiry as may be necessary and will consult with the panel lawyer of the Tehsil and will submit his report to the Sub-Divisional Officer along with the opinion of the panel lawyer and accordingly the Sub-Divisional Officer or the Collector will decide as to whether the suit or proceedings are to be instituted.
Section 122-A of U.P. Z.A & L.R.Act charges the Land Management Committee for and on behalf of Gaon Sabha with the general superintendence, management, preservation and control of all the land vested in Gaon Sabha. Sub-section (2) of Section 122-A of the said Act provides that conduct and prosecute of suit and proceedings by or against the Gaon Sabha shall be the duty of the Land Management Committee. Section 122-A of the said Act is quoted hereunder:-
"122-A. Superintendence, management and control of land etc. by the Land Management Committee. - (1) Subject to the provisions of this Act, the Land Management Committee shall be charged, for and on behalf of the Gaon Sabha with the general superintendence, management, preservation and control of all the land, forests within village boundaries, trees (other than trees in a holding, grove or abadi), fisheries, tanks, ponds, water channels, pathways, abadi sites and hats, bazars and melas vested in the Gaon Sabha under Section 117.
(2) Without prejudice to the generality of the foregoing provisions, the functions and duties of the Land Management Committee shall include-
(a) the setting and management of land;
(b) the conduct and prosecution of suits and proceedings by or against the Gaon Sabha;
(c) the development and improvement of agriculture;
(d) the preservation, maintenance and development of forests and trees;
(e) the maintenance and development of abadi sites and village communications;
(f) the management of hats, bazars and melas;
(g) the development of co-operative farming;
(h) the development of animal husbandry which includes pisciculture and poultry farming;
(i) the consolidation of holdings;
(j) the development of cottage industries;
(k) the maintenance and development of fisheries and tanks; and
(l) such other matters as may be prescribed.
(3) Subject to such conditions as may be prescribed, the Chairman or any other office-bearer or member of the Land Management Committee shall, for and on behalf of the Land Management Committee, be entitled to sign any document and to do all other things for the conduct and prosecution of suits and other proceedings."
Section 126 of U.P.Z.A.& L.R Act mandates that the State Government may issue such order or direction to the Land Management Committee as may appear to be necessary for the purposes of the said Act and that it shall be the duty of the Land Management Committee and its office bearers to carry out such orders or directions. Section 126 of the said Act runs as under:-
"126. Land Management Committee to carry out orders and directions of the State Government. - (1) [* * *]. The State Government may issue such orders and directions to the [Land Management Committee] as may appear to be necessary for purposes of this Act.
(2) It shall be the duty of the [Land Management Committee] and [its] office-bearers to forthwith carry out such orders and comply with such directions".
Section 114 provides for lawyers for conduct of suits and other proceedings including writ petitions by or against the Gaon Sabha. According to Section 114 (1) (g) Gaon Sabha panel lawyers are to be appointed for High Court as well.
The provisions of U.P. Revenue Code, 2006 may also be examined at this juncture.
It is needless to observe that by virtue of Section 230 of U.P. Revenue Code, 2006, the enactments mentioned in the first schedule appended to U.P. Revenue Code, 2006 have been repealed which include U.P.Z.A & L.R.Act. However, in terms of the proviso appended to Section 230 of U.P.Z.A.& L.R.Act, anything done or any action taken including any rules or manuals made under the repealed enactments are deemed to have been done or taken under U.P. Revenue Code, 2006, in so far as they are inconsistent with the provisions of U.P. Revenue Code, 2006.
Section 72 of U.P. Revenue Code, 2006 provides that the State Government may appoint one or more Standing Counsel (Revenue) for this Court at Allahabad and at Lucknow. Sub-section (4) of Section 72 of U.P. Revenue Code, 2006 provides that no Gram Sabha or Gram Panchayat or Bhumi Prabandhak Samiti shall engage any legal practitioner other than one appointed under Section 72, without prior permission of the Collector. Section 72 of U.P. Revenue Code, 2006 is relevant to be extracted herein which runs as under:-
"72. Standing Counsel and other lawyers.- (1) The State Government may, on such terms and conditions and in such manner as may be prescribed, appoint-
(a) one or more Standing Counsel (Revenue) each at Allahabad High Court and Lucknow Bench thereof;
(b) one or more Standing Counsel (Revenue) each for Board of Revenue Allahabad and Lucknow;
(c) one or more Divisional Government Counsel (Revenue) for the divisional head-quarters; and
(d) one District Government Counsel (Revenue) and one or more Additional District Government Counsel (Revenue) for the district head-quarters.
(2) The Collector may, on such terms and conditions and in such manner as may be prescribed, appoint not more than two Panel Lawyers (Revenue) for every tahsil.
(3) Subject to the provisions of sub-section (2) of section 62, the legal practitioners appointed under sub-section (1) or sub-section (2) may plead or act, without any written authority, on behalf of any Gram Sabha, Gram Panchayat or Bhumi Prabandhak Samiti in any court or authority for which he is so appointed.
(4) No Gram Sabha, Gram Panchayat or Bhumi Prabandhak Samiti shall engage any legal practitioner other than one appointed under this section without prior permission of the Collector.
(5) Notwithstanding anything contained in the Court Fees Act 1870 (Act No.7 of 1870), no Court fee shall be payable on any vakalatnama or memo of appearance filed by any legal practitioner appointed under this section.
(6) The legal practitioners appointed under this section shall not be competent to plead or act against any Gram Sabha, Gram Panchayat or Bhumi Prabandhak Samiti before any court for which he is so appointed.
(7) The State Government may, by notification in the gazette, issue any direction, for monitoring of cases filed by or against Gram Panchayat, Gram Sabha or Bhumi Prabandhak Samiti and performance based annual appraisal of Panel Advocates appointed under this Code or the enactments repealed by it, and also for appointing any law officer for the aforesaid purpose."
Rule 72 of U.P. Revenue Code Rules, 2016 also prescribes for appointment of counsel for conduct of suits, applications and other proceedings including writ petitions by or against the Gaon Sabha, Gram Panchayat or the Bhumi Prabandhak Samiti. Sub-clause (g) of Rule 72 of U.P. Revenue Code Rules, 2016 is quoted hereinbelow:-
"(g) One or more Standing Counsel (Revenue) for the High Court each at Allahabad and at its Bench at Lucknow. If, there is only one Standing Counsel (Revenue) for the High Court at Allahabad and one Standing Counsel (Revenue) for the Lucknow Bench, he will represent all the Gram Panchayats within the High Court at Allahabad and the Lucknow Bench respectively, but where there are more than one Standing Counsel (Revenue), each Standing Counsel (Revenue) will represent all the Gram Panchayats within such District/s or Division/s as may be assigned to him by the Government."
According to the said provisions, a Standing Counsel (Revenue) appointed for High Court at Allahabad and at Lucknow will represent all Gram Panchayats, however, where there are more than one Standing Counsel, each standing counsel will represent all Gram Panchayats within such districts/divisions as may be assigned by the Government. Thus, so far as institution of any proceedings before this Court, namely, proceedings of writ petition or special appeals are concerned, it is only Standing Counsel (Revenue) appointed by the State Government for the said purpose who can conduct the case by or on behalf of Gram Sabha, Gram Panchayat or the Bhumi Prabandhak Samiti. Sub-section (4) of Section 72 clearly bars engagement of any legal practitioner other than one appointed under sub-section (1) of Section 72 of U.P. Revenue Code, 2006 to conduct cases by or on behalf of Gram Panchayat, Gram Sabha and Bhumi Prabandhak Samiti without prior permission of the Collector.
So far as the facts of the instant case are concerned, the Land Management Committee which has filed the present petition has drawn attention of this Court to the resolution dated 19.08.2018 passed by the Land Management Committee wherein it has been resolved that for challenging the order dated 28.07.2018 passed by the Deputy Director of Consolidation, Sri Jai Kumar, learned counsel (Revenue) and Sri Mohd Arif Khan, be appointed as counsel for the Land Management Committee. So far as Sri Jai Kumar, Advocate is concerned, there is no dispute that he is duly appointed Standing Counsel (Revenue) for conducting the cases on behalf of the Land Management Committee before this Court at Lucknow.
However, in respect of other learned counsel there is only resolution of the Land Management Committee dated 19.08.2018 whereupon in terms of the requirement of Section 72 (2) of U.P. Revenue Code, 2006, no permission of the Collector has yet been accorded.
It appears that Smt Mehrunnisha, the present Pradhan of the Village Panchayat, who is the ex-officio Chairman of the Land Management Committee as well, had filed Writ Petition No.29293 (PIL) of 2018 with the prayer to direct the District Magistrate/Collector, Balrampur to accord permission to engage Special Counsel for contesting this matter. The said petition was however dismissed as withdrawn by the Division Bench vide its order dated 09.10.2018. Thereafter it appears that Gaon Sabha through Pradhan has filed another writ petition with the similar prayer, namely, Writ Petition No.30434 (M/B) of 2018, which is pending before this Court. However, the fact remains that for engaging a counsel other than the Standing Counsel (Revenue) appointed by the State Government as State Counsel to conduct this petition, no permission of the Collector as required under Section 72 (4) of U.P. Revenue Code, 2006 has been accorded and accordingly, I hold that other than Sri Jai Kumar, no other counsel is permitted to appear for the petitioner in this petition unless requisite permission of the Collector in terms of the provisions contained in Section 72 (4) of U.P. Revenue Code, 2006 is obtained.
So far as the other issue relating to filing of this petition without requisite resolution of the Land Management Committee and without requisite permission of the Collector/Sub-Divisional Officer concerned, it may be noticed that the Land Management Committee in its resolution dated 19.08.2018 has decided to do effective pairvi of this petition wherein a challenge to the order dated 28.07.2018 passed by the Deputy Director of Consolidation, Balrampur has been made. However, there is no approval on record for institution of this petition as per requirement of the provision contained in Rule 74 (e) of U.P. Revenue Code Rules, 2016 which clearly states that no panel lawyer shall institute, contest or conduct any case unless he is authorized to do so by the Sub-Divisional Officer or the Collector or the Board of Revenue or the Government, as the case may be. Sub-clause (f) of U.P. Revenue Code Rules, 2016 prescribes the control of the Collector, Commissioner, the Secretary Board of Revenue and the Government that duties of the panel lawyers and conduct of suits and legal proceedings, according to which such control is to be governed by the instructions regarding conduct of the Gram Panchayat litigation contained in Appendix-II of the said Rules or the instructions issued by the State Government from time to time.
Appendix-II appended to U.P. Revenue Code Rules, 2016 contains instructions for the conduct of the Gram Panchayat litigation according to the instruction no.12, the Chairman of Land Management Committee shall not be entitled to take any action in any suit or proceedings unless he consults the panel lawyers and obtains orders of the Collector or the Sub-Divisional Officer. Instruction No.12 (2) provides that before instituting a suit or proceeding, the Chairman of the Land Management Committee has to report full facts to the Tehsildar along with copy of the resolution of the Land Management Committee for filing such suit or proceeding whereupon the Tehsildar is required to make such inquiry as may be necessary and will submit his report to the Sub-Divisional Officer along with written opinion of the Tehsil panel lawyers.
In the aforesaid facts and circumstances of the case, the District Collector is required to take a fresh decision about various resolutions of the Land Management Committee/Gaon Sabha in accordance with law as to engagement of the Senior Advocate to argue the present writ petition on behalf of Gaon Sabha or the Land Management Committee. The said decision shall be taken within four weeks from the date of intimation of this order to the Collector. He shall also consider giving permission for continuance of the proceedings of this writ petition further taking into account the best interest of the Gaon Sabha/Land Management Committee.
List this case after six weeks."
6. It has been further submitted by Sri U.S. Sahai, learned counsel for the respondent, that in pursuance of the direction issued by this Court, the Collector, Balrampur, held an enquiry and thereafter concluded that there was no proposal of the Land Management Committee for filing the writ petition. There was no resolution of the Gram Sabha either. No permission was taken from the competent authority. The Gram Pradhan in his personal capacity engaged Sri Jai Kumar, learned counsel for the petitioner. Sri Jai Kumar, learned counsel for the petitioner, although is the counsel for Gram Sabha concerned but has been engaged as a counsel by the Gram Pradhan in his personal capacity.
7. A copy of the order passed by the Collector, Balrampur dated 06.09.2019 has been kept on record by means of an application praying for dismissal of the writ petition and also the affidavit filed in support thereof.
8. Sri U.S. Sahai, learned counsel for the respondent, has pointed out that it is evident from the order sheet that Sri Jai Kumar learned private counsel engaged for conducting the case on behalf of the Gram Sabha has been seeking adjournment repeatedly.
9. This Court has perused the order sheet and is convinced that the writ petition had been objected to right from the very beginning as being not maintainable and the objection regarding maintainability was initially considered by this Court in its detailed order dated 29.07.2019.
10. Now it has come on record that the Collector Balrampur has conducted an enquiry and found that the writ petition was filed by the Gram Pradhan without there being any Resolution of the Land Management Committee or the Gaon Sabha.
11. This petition is dismissed as being not maintainable.
12. However, since it has come on record that the Gaon Sabha or the Land Management Committee had not passed any proposal / resolution for filing the writ petition, this writ petition shall not be treated to have been filed by the Gaon Sabha and will not operate as res judicata as no lis has been decided by this Court
13. The Collector Balrampur may take a decision on the proposal, if any is subsequently made, of the Land Management Committee and pass appropriate orders for the Gaon Sabha to challenge the order impugned looking into the best interest of the Gaon Sabha. The Gaon Sabha if aggrieved by the orders impugned passed by the Deputy Director of Consolidation may file a fresh writ petition.
Order Date :- 6.1.2020 Rahul