Ajay Kumar vs District Magistrate, Sultanpur and Others

By consent of the parties, this writ application is treated as on days list and taken up for hearing.

In this writ application, the writ petitioner challenges the order dated 31s1 March, 2003 passed by the District Magistrate, Sultanpur, being annexure1 to the writ petition, purported to have been passed under Section 34(1A) of the U.P. Municipalities Act, 1916.

We have heard learned counsel for the parties.

Learned counsel for the respondents could not satisfy us as to how the impugned order could be passed under Section 34(1 A) of the U.P. Municipalities Act, 1916 (hereinafter referred to as "the Act"). After going through the impugned order and the relevant provisions of the Act, we are also of the view that the impugned order, which has been passed under Section 34(1 A) of the Act could not have been passed under the aforesaid provision. In our view, therefore, the impugned order is liable to be set aside only on the ground mentioned above.

Accordingly, we allow the writ application, and the impugned order dated 31.3.2003 is setaside. However, we make it clear that this order shall not prevent the District Magistrate concerned from taking steps for cancelling the allotment order in accordance with law. There will be no order as to costs.

(Petition allowed)