Kishori Harijan & Anr. vs State Of U.P.,Thru. Prin. … on 2 August, 2010

Allahabad High Court
Kishori Harijan & Anr. vs State Of U.P.,Thru. Prin. … on 2 August, 2010
Court No. - 1

Case :- MISC. BENCH No. - 7234 of 2010

Petitioner :- Kishori Harijan & Anr.
Respondent :- State Of U.P.,Thru. Prin. Secy.,Rural Development & Others
Petitioner Counsel :- Girish Chandra Sinha
Respondent Counsel :- C.S.C.,R.N. Gupta

Hon'ble Pradeep Kant,J.

Hon’ble Ritu Raj Awasthi,J.

Notice on behalf of respondents no. 1 to 3 has been accepted by the learned
Chief Standing Counsel, on behalf of respondent no.4, by Sri Anuj Kudesia
and on behalf of respondent no.5, by Sri R.N. Gupta.
Let instructions be sought with two weeks.

List after two weeks.

The petitioners’ submission is that the Village Secretariat is being constructed
on the own land of the petitioners which cannot be done, even if such
resolution has been passed by the Gaon Sabha or the concerned committee.
Further submission is that the plots which were earlier earmarked for
construction of the Village Secretariat, do find mention in the order dated
7.4.2010 passed by the Zila Panchayatraj Adhikari, Pratapgarh, but on the
directives issued by the Minister, a contrary order has been passed on
13.4.2010.

Whether the Village Secretariat is to be constructed on Plot no.885 or any
other plot, is not an issue in the present petition, as the petitioners’ simple case
is that their plot, namely, Plot no. 752 cannot be used for the purpose of
construction of Village Secretariat.

We are, prima facie, satisfied that neither the Gram Panchayat nor the district
administration has any authority to forcibly take away the land of the
petitioners for construction of any such building.
We, therefore, as an interim measure, restrain the respondents from raising
any construction over the plot of the petitioner, till further orders of the Court.
This order would not come in the way of making the Village Secretariat at the
appropriate plot, which might have been earmarked for the purpose.
Order Date :- 2.8.2010
Sachin

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