Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 5983 of 2019 Petitioner :- Vinay Chawala Respondent :- The Municipal Corporation Shahjahanpur And 2 Others Counsel for Petitioner :- Anuj Bajpai Counsel for Respondent :- Ram Bahadur Singh,Sanjay Singh
Hon'ble Manoj Kumar Gupta,J.
Short counter affidavit filed today is taken on record.
The prayer made in the instant petition is for setting aside the order dated 26.06.2019 passed by Chief Judicial Magistrate, Shahjahanpur, in Mutation Appeal No. 2435 of 2019. The appeal has purportedly been filed under Section 160 of the Uttar Pradesh Municipalites Act, 1916. The Appellate Court has admitted the appeal and has stayed the operation of the order impugned before it dated 11.06.2019 fixing 22.07.2019 as the next date.
Counsel for the petitioner submitted that District Shahjahanpur had been declared as a Municipal Corporation and is covered by the provisions of the Uttar Pradesh Municipal Corporation Act, 1959. It is submitted that the provision of the U.P. Municipalities Act, 1916 are not applicable nor the appeal filed by respondent no.3 u/S 160 of the said Act is maintainable. He further submitted that against the impugned order, an appeal would lie u/S 472 of the U.P. Municipal Corporations Act, 1959 and that too, before the Court of Judge Small Causes and not Chief Judicial Magistrate, who had entertained the appeal and has passed the impugned order.
Counsel for the respondent no.3, Sri Sanjay Singh, very fairly conceded to the above legal position. He, however, tried to urge that the order impugned in appeal i.e. 11.06.2019 was passed without proper notice to respondent no.3. He seeks liberty to file application for recall of the said order or appeal under the appropriate provision of law before the Judge Small Causes.
Accordingly, and with consent of learned counsel for the parties, the impugned order dated 26.06.2019 is hereby set aside and the appeal filed by the third respondent, which is pending before the Chief Judicial Magistrate Shahjahanpur bearing Mutation Appeal No. 2435 of 2019, shall stand dismissed as not maintainable. It shall be open to the third respondent to file appeal before appropriate authority having jurisdiction in the matter or seek recall of the order dated 11.06.2019, as may be advised.
The petition stands allowed to the extent indicated above.
(Manoj Kumar Gupta,J.) Order Date :- 26.8.2019 Chandan