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Judgment
M. Katju and R.S. Tripathi, JJ.—Heard learned Counsel for the Petitioner and learned standing counsel.
The Petitioner has prayed for a direction to the State Government to fill up the vacancy of the Presiding Officer of the Nagar Mahapalika, Tribunal for the city of Agra.
It is alleged in para 3 of the petition that the aforesaid post is lying vacant from 1st September, 2002 and because of the vacancy, a large number of land acquisition references, etc. are pending causing great hardship to the litigants.
Section 373 of the U.P. Municipal Corporation Act, 1959 states:
"(1) The Tribunal shall consist of a single member, to be referred to as its presiding officer.
(2) The said member shall be a Civil Judicial Officer not below the rank of a District Judge.
(3) The said member shall be appointed by the State Government."
Thus, the person to be appointed as the Presiding Officer of the Tribunal must be of the rank of District Judge. In U.P. District Judges and Additional District Judges are of the same rank, and hence an Additional District Judge can be appointed as Presiding Officer of the Tribunal. We are informed that there is a shortage of about 150 Additional District Judges in this State and several posts of A.D. Js. are lying vacant.
In these circumstances, we direct the State Government to appoint one of the Additional District Judges in Agra as the Presiding Officer of the Tribunal in consultation with the District Judge, Agra and this should be done within one month from today.
We further direct that the A.D.J., appointed as Presiding Officer will do his work in the Tribunal in addition to his regular work as A.D.J.
With these observations and directions, this writ petition is disposed off.