High Courts(2009) 01 AHC CK 0078

Thakur Raghunath Ji and Chootar Teka Hanuman Ji Maharaj Virajman Mandir, Sakeetra, Mathura vs Gaon Sabha Sakeetra Through Its Pradhan

Allahabad High Court · Decided on 9 January 2009

HON’BLE JUDGES
Sabhajeet Yadav, J
RESULT
Dismissed
CASE NUMBER
Civil Miscellaneous Writ Petition No. 301 of 2009

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Judgment

6 paragraphs · 210 words

Sabhajeet Yadav, J.—Heard learned Counsel for the petitioner.

2.

The order which I propose to pass in the writ petition, I need not to hear learned Counsel appearing for the Gaon Sabha.

3.

By this petition, the petitioner has challenged the order dated 17.12.2008 passed by Addl. District Judge, Mathura in Civil Appeal No. 99 of 1988 (Thakur Raghunath Ji Maharaj v. Gaon Sabha, Sakeetra), whereby the application moved by the petitioner that the private Counsel has been engaged on behalf of Gaon Sabha without prior approval of the Pradhan, can not conduct the proceeding on behalf of Gaon Sabha, has been rejected.

4.

I have considered the submission of learned Counsel for the petitioner and perused the record.

5.

In support of his submission learned Counsel for the petitioner has also placed reliance upon a decision rendered by this Court in Babu Ram Verma v. SubDivisional Officer and others, 1996 (Suppl.) RD 12. In my considered opinion, the aforesaid decision is distinguishable on the facts and the petitioner''s right cannot be held to be impaired because of engaging other Counsel of Gaon Sabha without any prior approval of the District Magistrate.

6.

Therefore, the writ petition is misconceived and liable to be dismissed. Accordingly the same is hereby dismissed.