Section 117 in The U.P. Gram Sabha, Gram Panchayat and Bhumi Prabandhak Samiti Manual
117. When suit instituted against Gram Sabha the State Government shall be made a party [Rule 110-B, U.P.Z.A. & L.R. Rules].
(1)The State Government shall be made a party in the following classes of suit instituted against the Gram Sabha or the local authority:(a)suits under Sections 59 to 61 and 183 of the U. P. Tenancy Act, 1939 in which cause of action accrued before the date of vesting.(b)suit for the declaration of the rights and/or of recovery of possession by a bhumidhar or sirdar.(c)suits by persons claiming the land or any of the things vested in a Gram Sabha or a local authority under Section 117 of U.P.Z.A. & L.R. Act, 1950.(d)suits, the decision in which is likely to affect the land revenue payable to the State Government.In all such cases, copies of the plaint and summons will continue to be received by the Collector/State Government and in such cases form of defence by the Bhumi Prabandhak Samiti will depend on or controlled by the directions issued by the Collector.(2)The Collector will appoint from amongst his subordinate experienced officers a special officer, who will be accountable for appropriate pairvi of all such cases, in which State Government is party. In civil cases contest on behalf of the State Government will be made only when District Government Counsel (Civil) and Special Officer both are agreed in opinion to oppose and papers should not be sent to the Legal Remembrance, if question of law is not involved in it, in which his opinion is essential or some relevant fact is available to the Government. If District Government Counsel (Civil) and Special Officer, both, are of the opinion that no contest be made of any civil cases, it should not be opposed. In the cases, in which District Government Counsel (civil) and Special Officer are not agreed in opinion, District Officer will refer them to the Legal Remembrancer, if he disagrees with the opinion of District Government Counsel. If the opinion of the District Government Counsel or Panel Lawyer (Civil) is given generally with a view to inflate the number of bills, there may have an adverse effect on the probability of extension of his term on its expiry.(3)In revenue suits filed under the provisions of U. P. Zamindari Abolition and Land Reforms Act, 1950 and Rules made thereunder, in which State Government is a party, decision will be taken on the grounds mentioned in above sub-para (2), whether the suit is contested or not. In cases, in which District Government Counsel (Revenue) and Special Officer agreed upon, they will follow action accordingly. In cases, in which D.G.C. (Revenue) and Special Officer differ in opinion, District Officer will refer the matter to the Government in Revenue Department, if his opinion is different from that of Government Counsel (Revenue).(4)In cases, in which State is also party and whether the cases are of civil nature or revenue nature, Collector will decide whether District Government Counsel or Gram Sabha Panel Lawyer should appear on both sides according to the importance of the case. But both the counsels should be engaged. At first Collector should consult Panel Lawyers of concerned Gram Sabha and if case is of extra-ordinate importance, he should consult District Government Counsel. If this is of special importance, District Government Counsel should appear himself in both the Courts on behalf of the State and Gram Sabha and in the remaining cases Gram Sabha Panel Lawyer must oppose on behalf the State.In appellate revenue courts and civil courts, the Board of Revenue and High Court only one counsel should be engaged on behalf of the State and Gram Sabha both and in no case two counsels must be engaged.
