Allahabad High Court High Court

Smt. Sushila Devi vs State Of U.P. Trhu Sec. Pan. Lko. … on 25 June, 2010

Allahabad High Court
Smt. Sushila Devi vs State Of U.P. Trhu Sec. Pan. Lko. … on 25 June, 2010
Court No. - 38

Case :- WRIT - C No. - 35907 of 2010

Petitioner :- Smt. Sushila Devi
Respondent :- State Of U.P. Trhu Sec. Pan. Lko. And Others
Petitioner Counsel :- Nitinjay Pandey,Hari Prakash Mishra
Respondent Counsel :- C.S.C.

Hon'ble Pankaj Mithal,J.

The financial power of the petitioner who is Gram Pradhan has been ceased
by the order of the Zila Panchayat Raj Adhikari.

The submission of learned counsel for the petitioner is that the order is
without jurisdiction as the said power only vests in the District Magistrate as
has been held in 2002(5) AWC 3473 Smt. Ramwati Devi Vs. State of U.P.
and others.

Learned Standing Counsel defends the order by stating that the financial
powers have not been ceased and, therefore, the order is not without
jurisdiction.

The matter is required to be examined.

Let counter affidavit be filed on behalf of respondents within ten days.

List in week commencing 12th July, 2010.

Till the next date of listing, the operation of the impugned order dated
10.6.2010 shall remain stayed.

Order Date :- 25.6.2010
BK