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2020 Supreme(All) 1124

SANGEETA CHANDRA
Gram Sabha Gooma Fatima Jot – Appellant
Versus
Deputy Director of Consolidation Balrampur – Respondent


Advocates Appeared:
For the Appellant : Jai Kumar
For the Respondents: C.S.C., B.K. Saxena, Mohd. Waris Farooqui, Mohd. Tabrez Iqbal, Priti Saxena, R.N. Gupta and U.S. Sahai

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

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