Writ petition assailing an order was disposed of as higher authority under Commissioner, Varanasi Division is seized. Petitioner's counsel recast relief to implead gaon sabha in lower proceedings, which court permitted.
Writ petition disposed; petitioner permitted to implead gaon sabha in proceedings before Commissioner, Varanasi division.
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Court No. - 18
Case :- WRIT - C No. - 20771 of 2021
Petitioner :- Brahmdev Tiwari Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Neelabh Srivastava,Chandra Prakash Pandey Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Ajay Bhanot,J.
The petitioner has assailed the impugned order dated 15.07.2020 passed by the District Magistrate, Jaunpur in this writ petition. The petitioner has also assailed the very same order before the Commissioner, Varanasi Division, Varanasi. Since the Commissioner, Varanasi division, Varanasi is seized with the matter, there is no cause for interference by this Court at this stage.
Faced with this Sri Neelabh Srivastava, learned counsel for the petitioner does not press the relief sought in this writ petition. He recasts his relief.
The only prayer made by Sri Neelabh Srivastava, learned counsel for the petitioner is that the petitioner may be permitted to implead gaon sabha in the proceedings before the Commissioner, Varanasi division, Varanasi and also file an application before the Commissioner, Varanasi division, Varanasi.
It is always open to the petitioner to cure the defects in the proceedings before the court below as per law and also avail other legal remedies.
The writ petition is disposed of.
Sri Bhupendra Kumar Tripathi, learned counsel has put in appearance on behalf of gaon sabha.
Order Date :- 20.9.2021 Nadeem
Brahmdev Tiwari
State Of U.P.
Ajay Bhanot
As recorded by the court registry
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