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State of Uttar Pradesh - Section

Section 111 in The U.P. Gram Sabha, Gram Panchayat and Bhumi Prabandhak Samiti Manual

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 Tahsildar alongwith a copy of the resolution of the Samiti for instituting the suit or proceeding. Tahsildar shall after making such enquiry, as may be necessary and after consulting with Panel Lawyers of Tahsil, submit his report to Sub-Divisional Officer alongwith the opinion of Penal Lawyers of Tahsil. If suit or proceeding has to be instituted before Court of Tahsil 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 Penal Lawyer or District Government Counsel.
(3)Where the land of Gram Sabha has been allotted 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)].