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2010 Supreme(All) 2179

F. I. REBELLO, A. P. SAHI
SHYAMU – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
N.L. Tripathi for the Appellant; Standing Counsel for the Respondents.

JUDGMENT

Hon’ble F.I. Rebello, C.J.—The appellant is aggrieved by the order of the learned Single Judge dated 6.5.2010, whereby the petition filed by respondent No. 5 against the order dated 16.12.2009 passed by the District Magistrate, Sant Kabir Nagar in exercise of the powers conferred under Section 12-J of the U.P. Panchayat Raj Act, 1947, authorising the appellant herein to exercise the powers of the Pradhan of Village Shiv Bakhari, Vikas Khand Pauli, Tehsil Dhanghata, District Sant Kabir Nagar, has been disposed of with a direction to the District Magistrate, Sant Kabir Nagar to convene a meeting of the elected members of the said village and to take appropriate decision in respect of the interim arrangement. The Single Judge has, however, permitted the appellant to continue on the post of Pradhan till fresh arrangement is made, as directed by the learned Judge.

2. It is submitted on behalf of the appellant that the order passed by the learned Single Judge is ex parte, without giving an opportunity to the appellant and, therefore, on this ground itself, the order impugned is liable to be set aside.

It is further submitted that a perusal of Section 12-J of the U.P. Panchayat Ra






























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