ORDER :

Sangeeta Chandra, J.

1. The matter has been listed peremptorily today.

2. None appears on behalf of the petitioner.

3. There is no request for the adjournment either.

4. Sri U.S. Sahai, learned counsel for the contesting respondent, has pointed out the order dated 29.07.2019.

5. The order dated 29.07.2019 is relevant for the decision of this case and therefore, is being quoted hereinbelow in its entirety

"A preliminary objection has been raised as regards the maintainability of the writ petition by Sri U.S. Sahai, learned counsel for respondent no. 10-Parvez Ahmad on the following two grounds:-

(1). The instant petition has been filed without resolution of the Land Management Committee to institute this petition and without obtaining approval to any such resolution from the Sub-Divisional Officer/Collector, which is statutory requirement in terms of the various provisions contained in U.P. Revenue Code Rules, 2016, Uttar Pradesh Gram Sabha Manual, Uttar Pradesh Panchayat Raj Act and the Rules framed thereunder.

(2). In absence of requisite resolution duly approved by the Sub-Divisional Officer/Collector for engaging a Special Counsel, this petition can be filed only by the counsel appointed by the State Government to represent the Land Management Committee before this Court and not by any other counsel.

Heard Sri Mohd. Arif Khan, Senior Advocate assisted by Sri Jai Kumar, learned counsel representing the Land Management Committee of village panchayat Gooma Fatima Jot, Post Office Sadullah Nagar, Pargana Sadulla Nagar, Tehsil Utraula, District Balrampur, learned Standing Counsel representing the State authorities and Sri U.S. Sahai, learned counsel representing the respondent no. 10.

By means of this petition, a challenge has been made to an order dated 28.07.2018 passed by the Deputy Director of Consolidation, Balrampur whereby he has allowed the revision petition filed by the respondent no. 2 against the order of the Settlement Officer, Consolidation passed on 15.06.1980 and has partially modified the order dated 20.01.1986/20.06.1986 passed earlier by the Deputy Director of Consolidation and has thus reserved a rasta admeasuring 60 kadis X40 kadis, having an area of 0.025 hectare from new gata no. 740M which is included in the chak of chak holder no. 23/19 from the main road to playground situate in the village concerned.

The Land Management Committee is a statutory body as defined under section 28-A of U.P. Panchayat Raj Act, according to which, the Gram Panchayat is the Bhumi Prabandhak Samiti and discharges the duties of upkeep, protection and supervision of all property belonging to or vested in or held by Gram Panchayat under Section 117 of Uttar Pradesh Zamindari Abolition and Land Reforms Act or under any other provision of the said Act. According to sub-clause (2) of Section 28-A of U.P. Panchayat Raj Act, Pradhan is the Chairperson of the Land Management Committee and Lekhpal of the area is its Secretary.

Section 28-B of U.P. Panchayat Act describes various statutory functions of the Bhumi Prabandhak Samiti for and on behalf of Gram Panchayat which broadly includes the general management and control of all property belonging to or vested in or held by the Gram Panchayat. The functions of Land Management Committee also includes conduct and prosecution of suits and proceedings by or against the Gram Panchayat. Sections 28-A and 28-B of U.P. Panchayat Raj Act are extracted herein below:

"28-A. Bhumi Prabandhak Samiti-(1) The [Gram Panchayat] shall also be the Bhumi Prabandhak Samiti and as such discharge the duties of upkeep, protection and supervision of all property belonging to or vested in or held by the Gram Panchayat under Section 117 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 or under any other provisions of that Act.

(2) The Pradhan shall be the Chairperson of the Bhumi Prabandhak Samiti, and the Lekhpal of the area comprised in the jurisdiction of the Gram Panchayat shall be its Secretary