Court No. - 29
Case :- SPECIAL APPEAL No. - 191 of 2019 Appellant :- Janki Devi Respondent :- State Of U.P. And 6 Others Counsel for Appellant :- Anjani Kumar Tripathi,Maruti Kumar Tripathi,Sri Radha Kant Ojha, Sr. Advocate Counsel for Respondent :- C.S.C.,Juned Alam
Hon'ble Pankaj Mithal,J. Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the petitioner-appellant and learned Standing Counsel.
The order passed under Section 95(1)g of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as the State Act) was challenged by the petitioner- appellant by filing a writ petition which was dismissed by the impugned order dated 11.01.2019. Thus, this special appeal has been preferred.
A preliminary objection has been raised on behalf of the respondents that the special appeal is not maintainable as the writ petition had arisen out of an order passed under Section 95(1)g of the State Act. The Full Bench of this Court in Shamim Vs. State of U.P. and Ors., (2018) 6 ADJ 1, has held that the power exercised by the State Government/District Magistrate under Section 95(1)g of the State Act is a quasi judicial power and in exercising the said power, the District Magistrate acts as a Tribunal and, therefore, against an order of the learned Single Judge of this Court passed in exercise of the powers under Article 226/227 of the Constitution of India, the special appeal would not lie. In this regard, reference may be made to the division bench decision of this Court in Smt. Soniya Vs. State of U.P. and Ors., (2013) 5 ADJ 559(DB).
In view of the above, the special appeal is dismissed as not maintainable.
Order Date :- 21.2.2019 Prakhar