Writ petition concerning Gram Sabha proceedings re-initiated on private applications after an earlier coordinate-bench order had quashed similar proceedings as time-barred. The Court noted no notices were issued to affected parties and sought the State's stand on affidavit.
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Court No. - 8
Case :- WRIT - C No. - 5722 of 2024
Petitioner :- Ganga Ram And 15 Others Respondent :- Collector Gonda Distt. Gonda And 4 Others
Counsel for Petitioner :- Nitin Srivastava Counsel for Respondent :- C.S.C.,Pankaj Gupta
Hon'ble Jaspreet Singh,J.
filed on 05.03.2024 whereas the matter was listed on 06.03.2024 and in absence of any accompanying application under what circumstances the said Vakalatnama was taken on record and this too could not be explained. The ordersheet dated 28.03.2024 indicates that the parties are said to have appeared before the court concerned thereafter the matter was fixed on 04.04.2024. Once the notice itself were not issued in terms of the order dated 13.02.2024, how the ordersheet came to be drawn indicating that the parties were present before the court.
"Besides, the inordinate delay in filing such application would be fatal in the present case inasmuch as in view of decision of this Court in re: Ramker Chauhan (supra), no proceedings can be initiated beyond the period of limitation as provided under the statute irrespective of the fact whether the said allotment is irregular or illegal.
Accordingly, the writ petition is allowed and the impugned order dated 15.12.2022 passed by the Collector, Gonda is hereby quashed. However, it is always open for the competent authority to initiate appropriate proceedings strictly in accordance with law and pass appropriate orders as permissible under law by affording an opportunity of hearing to the parties concerned."
and it is only on the application of two individuals that the proceedings were re-initiated. Once it has been observed by the High Court referring to the case of Ramker Chauhan (supra) then how the said applications were entertained without considering the fact whether they were fell foul in terms of the order of this Court.
Order Date :- 9.7.2024 ank
Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether proceedings initiated on third-party applications without notice to affected parties, despite an earlier quashing by this Court, could stand.
Colour shows how this judgement treated each authority
Ramker Chauhan Vs. Commissioner, Azamgarh and othersReferred¶5
[2012(117) RD32]
Ganga Ram And 15 Others
Collector Gonda Distt. Gonda
4 Others
Jaspreet Singh
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
