# Nageena Singh v. State of U.P. & Ors - **Citation:** (2023) 10 ILRA 973 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2023-10-12 - **Case number:** Writ-C No. 34147 of 2023 - **Bench:** Mrs. Manju Rani Chauhan - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/nageena-singh-v-state-of-u-p-ors-49366 - **Pages:** 2 ## Headnote (A) Criminal Law - The Code of Criminal Procedure, 1973 - Section 482 - Inherent power - Section 145 - Procedure where dispute concerning land or water is likely to cause breach of peace, Section146 - Power to attach subject of dispute and to appoint receiver - once the civil proceedings is pending before the court of civil competence and interim order is passed protecting the property in question therein, the proceedings under Section 145 Cr.P.C. is not permissible. (Para - 4,14 ) Property Dispute - Title Suite Pending on Land - Litigations ongoing before Consolidation Officer and civil court - direction to maintain status quo - Interim protection granted - quashing of - order passed by SDM under section 145/146 . (Para -2,12,17) HELD:- Impugned order passed by Sub Divisional Magistrate set aside. (Para -18 ) Application u/s 482 Cr.P.C. allowed. (E-7) LIST OF CASES CITED:- ## Text 10 All. Nageena Singh Vs. State of U.P. & Ors. 973 ---------- (2023) 10 ILRA 973 ORIGINAL JURISDICTION CIVIL SIDE DATED: ALLAHABAD 12.10.2023 BEFORE THE HON'BLE MRS. MANJU RANI CHAUHAN, J. Writ-C No. 34147 of 2023 Nageena Singh ...Petitioner Versus State of U.P. & Ors. ...Respondents Counsel for the Petitioner: Sri J.P. Singh, Sri Himanshu Singh Counsel for the Respondents: C.S.C. Civil Law - U.P. Panchayat Raj Act- Section 27-Recovery order - issued by learned District Magistrate u/s 27 of the Act-inquiry was not conduced by Chief Audit Officer as required under law-quashed-law settled. W.P. allowed. (E-9) Cases cited: 1. Dinesh Kumar & ors. Vs St. of U.P. & ors. reported in 2023 (1) ADJ 81 (Delivered by Hon'ble Mrs.Manju Rani Chauhan, J.) 1. Learned counsel for the petitioner submits that he has challenged the recovery order dated 13.09.2023 issued by learned District Magistrate, Azamgarh under section 27 of U.P. Panchayat Raj Act on the ground the inquiry was not conduced by Chief Audit Officer as required under law. 2. The aforesaid issue has been settled by Division Bench of this Court in the case of 'Dinesh Kumar and others vs. State of U.P. and others' reported in 2023 (1) ADJ 81. 3. Learned counsel for the petitioner as well as learned AGA does not dispute the aforesaid. 4. Thus, in view of the order passed in the case of Dinesh Kumar (supra), the impugned order dated 13.09.2023 passed by District Magistrate Azamgarh is set aside. It shall be open to the parties concerned to proceed in accordance with law after getting a proper inquiry conducted as required under the relevant provisions and also keeping in mind the observations made by the Court in the case of Dinesh Kumar (supra). 5. This Court has noticed that time and again such petitions are being filed by the petitioners taking the ground that Chief Audit Officer has not conducted the inquiry. Therefore, the inquiry conducted is vitiated under law as well as the observations made in the case of Dinesh Kumar (supra). Such type of petitions are wasting precious time of the Courts. 6. Before parting with the matter, this Court tends to explicate the unwelcoming experience over the frivolous petitions as the roster of this Court is clogged owing to the ignorant attitudes being employed by responsible government functionaries in most of the matters, wherein the issue involved has already been dealt with extensively by the Court pronouncing its verdict. A care note, if exercised by the government authorities, would not only ease the unnecessary burden of frivolous litigation but will also keep the persons away from wasting their energy and money as well as Court?s time on the issues, 974 INDIAN LAW REPORTS ALLAHABAD SERIES adjudicated earlier. Such act drains the funds of public exchequer that too of no significant avail. 7. This Court feels that adequate exercise for counseling of officers, who remain oblivion on the recent settled issues by the Courts, be expounded to them on regular intervals by issuing circulars for the purpose, with the assistance and guidance of panel State Law Officers who are paid hefty amount from the State Exchequer to render their services in order to protect the interest of State who is ultimately meant for public at large. It would certainly save the precious time of the Courts also. 8. In view of the above, the Secretary, Panchayat Raj, U.P., Lucknow is required to issue circular in this regard under the intimation to this Court. Immediately on receipt of the circular, Registrar General of this Court shall ensure that same be placed on record of this case. 9. With above observations and directions, the writ petition stands allowed. 10. No order as to costs. 11. Registrar (Compliance) shall place this order before the Registrar General of this Court, who shall communicate it to the Secretary, Panchayat Raj., U.P., Lucknow forthwith, and place the circular on record, as directed above. 12. Copy of this order be communicated to the learned Advocate General, U.P., also. ---------- (2023) 10 ILRA 974 ORIGINAL JURISDICTION CRIMINAL SIDE DATED: LUCKNOW 03.10.2023 BEFORE THE HON'BLE SHREE PRAKASH SINGH, J. Application U/S 482. No. 7121 of 2023 Hasina Khatoon ...Applicant Versus The State of U.P. & Ors. ...Opposite Parties Counsel for the Applicant: Diwakar Singh, Dinesh Kumar Srivastava Counsel for the Opposite Parties: G.A., Ram Kumar Singh (A) Criminal Law - The Code of Criminal Procedure, 1973 - Section 482 - Inherent power - Section 145 - Procedure where dispute concerning land or water is likely to cause breach of peace, Section146 - Power to attach subject of dispute and to appoint receiver - once the civil proceedings is pending before the court of civil competence and interim order is passed protecting the property in question therein, the proceedings under Section 145 Cr.P.C. is not permissible. (Para - 4,14 ) Property Dispute - Title Suite Pending on Land - Litigations ongoing before Consolidation Officer and civil court - direction to maintain status quo - Interim protection granted - quashing of - order passed by SDM under section 145/146 . (Para -2,12,17) HELD:- Impugned order passed by Sub Divisional Magistrate set aside. (Para -18 ) Application u/s 482 Cr.P.C. allowed. (E-7) LIST OF CASES CITED:- 1. Ram Sumer Puri Mahant Vs St. of U.P. & ors., (1985) 1 SCC 427 2. Mahant Ram Saran Dass Vs Harish Mohan & anr., (2001) 10 SCC 758