Petitioner challenged non-payment of fees for services as Gaon Sabha Counsel. Court found admitted dues already paid. Remaining claim requires civil suit. Writ petition dismissed.
The writ petition was disposed off as the admitted dues were already released and remaining claims require civil proceedings.
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Court No. - 40
Case :- WRIT - C No. - 19705 of 2021
Petitioner :- Manu Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manu Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
Petitioner claims to have worked as Counsel for the Gaon Sabha from 2013 to 2019. He has approached this Court with the grievance that various bills submitted by him have not been processed so far.
An affidavit has been filed by the District Magistrate, Etah, according to which, petitioner has been found entitled to a sum of Rs. 5,14,280/- and such amount has already been paid to petitioner. In respect of remaining bills, it is stated that there is no mention of petitioner's appearance and in terms of rules such amount has not been found due and payable to petitioner.
Counsel for the petitioner submits that engagement of Gaon Sabha Counsel is pursuant to the provisions contained under Section 72 of the U.P. Revenue Code 2006 and the payment of fees to him cannot be denied. It is stated that rate on which such payment is to be made has been specified in Rule 73 of the Rules framed under the Act of 2006.
From the materials placed before the Court, it is apparent that the admitted dues payable to petitioner have already been released by the authority concerned. For any other claim that still survives, remedy of the petitioner would be to institute appropriate civil proceeding where his entitlement etc. can be determined. No interference in the writ petition would be called for.
The writ petition is, accordingly, disposed off.
Order Date :- 13.12.2021 Ranjeet Sahu
1 issue framed by the court
Whether the petitioner is entitled to outstanding fees as Gaon Sabha Counsel for the period 2013 to 2019.
2 provisions across 2 enactments
Manu Singh
State Of U.P.
Ashwani Kumar Mishra
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
