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2003 Supreme(All) 1844

A.N.VERMA
BITANA – Appellant
Versus
COLLECTOR – Respondent


Advocates Appeared:
Nirmal Tiwari, V.K.PANDEY

A. N. VARMA, J.

( 1 ) THROUGH the instant writ petition, the petitioner who is a Pradhan, has prayed for quashing of the order dated 1. 7. 2003 passed by opposite party No. 1 whereby her financial and administrative powers have been withdrawn and the same has been directed to be exercised and performed by a Committee consisting of 3 members of the Gram Panchayat. The members of the said committee have been impleaded as opposite parties No. 3 to 5 on behalf of whom a counter-affidavit has been filed by Sri Nirmal Tiwari.

( 2 ) THE contention of the petitioner is that the order impugned is manifestly illegal and suffers from an error apparent on the face of the record inasmuch as prior to the passing of the said order, no opportunity was afforded to the petitioner nor any explanation was called for from her. His submission thus is that the same is in utter violation of principles of natural justice. He next submitted that the action of the opposite party No. 1 is illegal and arbitrary as the enquiry upon which the reliance has been placed by the opposite parry No. 1 is an ex parte enquiry in which too the petitioner was not afforded any opportunity. He further submitted that the said









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