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Court No. - 40

Case :- SPECIAL APPEAL DEFECTIVE No. - 1144 of 2020

Appellant :- Smt. Ata Nasiba

Respondent :- State Of U.P. And 5 Others

Counsel for Appellant :- Javed Husain Khan,Gulrez Khan

Counsel for Respondent :- C.S.C.,Sant Ram Sharma

Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Rohit Ranjan Agarwal,J.

By this appeal, a challenge is made to the judgment dated 2.11.2020

by which the writ petition of the appellant was dismissed.

It is a case where a writ petition was filed erring two parties as

petitioners to challenge the order passed by the District Magistrate dated

24.7.2020. It was on an appeal by the petitioners under Rule 3-AAA (2)

(e) of the U.P. Panchayat Raj Rules, 1947 (in short “Rules of 1947”). The

non-appellant herein raised objection on the maintainability of the writ

petition in reference to Section 72 (4) of the U.P. Revenue Code, 2006 (in

short “Code of 2006”). It was precisely on the ground that the writ

petition has not been filed by Gram Sabha through a Standing Counsel

and thus not maintainable. At that stage petition was not pressed for

petitioner no.2 but pressed for petitioner no.1. The learned Single Judge

made a reference of Section 72(4) of the Cod