Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:31033 Court No. - 37 Case :- WRIT - C No. - 30285 of 2024 Petitioner :- Shrwan Kumar Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Virendra Kumar Maurya Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Virendra Kumar Maurya, learned counsel for the petitioner, Sri Sashikant Kushwaha, learned standing counsel for the State-respondents and Sri Prem Bahadur, Advocate holding brief of Sri Rameshwar Prasad Shukla, learned counsel appearing on behalf of the Gram Sabha.
2. By means of the present writ petition the petitioner has prayed for the following relief:
"1. A writ order or direction in the nature of mandamus directing to the respondent no. 3 (Sub Divisional Magistrate, Tehsil Sagadi, District Azamgarh) to ensure the compliance of the
order dated 15.07.2017 passed by Tehsildar Sagadi, District Azamgarh in Case No. 368/2013-2014, Computerize Case No. T201315673514, Gaon Sabha Vs. Israwati, under Section 122B of U.P.Z.A. & L.R. Act, 1950 order dated 18.07.2017 passed by Tehsildar, Sagadi, District Azamgarh in Case No. 367/2013-2014, Computerize Case No. T201315673515, Gaon Sabha Vs. Shyamcharan, under Section 122B of U.P.Z.A. & L.R. Act, 1950 and order dated 29.07.2017 passed by Tehsildar Sagadi, District Azamgarh in Case No. 365/2013-2014, Computerize Case No. T201315673511, Gaon Sabha Vs. Chandrapati, under Section 122B of U.P.Z.A. & L.R. Act, 1950.
2. A writ order or direction in the nature of mandamus directing to the respondent no. 3 (Sub Divisional Magistrate, Tehsil-Sagadi, District-Azamgarh) to decide the representation filed by the petitioner which is pending before him."
3. Learned standing counsel appearing on behalf of the State as well as learned counsel for the Gaon Sabha has raised a preliminary objection regarding the maintainability of the writ petition on the ground that the instant writ petition has been filed by Sri Shrwan Kumar in the capacity of the member of the Gaon Sabha. He submits that there is nothing on record to show any resolution by the Gram Sabha or authority in favour of the petitioner authorising him to file the present writ petition through a private counsel.
4. In view of the clear provisions under Rule 72 of the U.P. Revenue Code Rules, 2016, the petitioner is not competent to file the present writ petition espousing the cause of the Gaon Sabha without any authorisation.
5. Learned counsel appearing on behalf of the petitioner, after arguing the matter at some length, prays for and is allowed to withdraw the present writ petition.
6. The writ petition is accordingly dismissed as withdrawn.
Order Date :- 5.3.2025 Arif Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad