# Ram Babu v. State of U.P. & Ors

- **Citation:** (2023) 11 ILRA 927
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2023-09-26
- **Case number:** Writ-C No. 29722 of 2023
- **Bench:** Manish Kumar Nigam
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/ram-babu-v-state-of-u-p-ors-49445
- **Pages:** 19

## Headnote

Civil Law - U.P. Panchayat Act, 1947 -
Sections 28-A & 28-B - U.P. Revenue Code,
2006 - Sections 60, 62, 72 & 73 -
Petitioner claiming to be authorised by
Gram Panchayat, filed instant writ petition
alleging that on pasture land, respondent
no. 4 started illegal construction and
despite his complaint, authorities taken no
action - Objections regarding statutory
provisions not followed for filing petition -
From perusal of specific provision, it is
clear that to file any suit or proceeding on
behalf of Gaon Sabha, Land Management
Committee must pass resolution, obtain
permission from S.D.M. or Collector and
proceed through panel lawyer under
Section 72 of Code, 2006, unless prior
written permission granted by Collector to
engage private counsel - Petitioner relied
on authority letter claiming authorization
from Land Management Committee to file
petition, said letter is vague, lacks copy of
referenced resolution, letter issued by
pradhan to himself without date, no
averment that S.D.M. or Collector ever
granted permission to file writ petition -
Petition not maintainable, dismissed -
(Para 2, 24, 37, 38)

Writ petition dismissed. (E-13)

List of Cases cited:

## Text

_Characters 0–39,983 of 58,064. This is a partial read: ask again with offset=39983 for what follows._

11 All. Ram Babu Vs. State of U.P. & Ors.
927
hectare is recorded as bhumidhari plot of
both parties.

10. I have considered the case law cited
by learned counsel for the petitioners as well as
learned Additional Chief Standing Counsel for
the State-respondents and after thorough
consideration, Court is of the view that plot in
dispute is recorded as bhumidhari plot in C.H.
Form 45 as well as Khatauni prepared by the
authorities, as such, no further investigation is
required by the Court to determine whether the
plot is agricultural plot or abadi. If the entry of
C.H. Form 45 as well as Khatauni are not
correct then the petitioners should avail the
proper remedy for correcting the revenue entry
in accordance with law.

11. Considering the entire facts and
circumstances of the case, no useful purpose
will be achieved by remanding the matter to the
trial Court to re-examine the issue of
maintainability of suit on the ground of abadi
land/bhumidhari land as final revenue entry
fully demonstrate that plot in dispute is recorded
as bhumidhari of petitioners as well as
respondents.

12. Considering the entire facts and
circumstances, no interference is required in the
matter.

13. The writ petition is dismissed
accordingly. However, trial Court is directed to
conclude the proceeding of the pending suit in
accordance with law.
----------
(2023) 11 ILRA 927
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 26.09.2023

BEFORE

THE HON'BLE MANISH KUMAR NIGAM, J.

Writ-C No. 29722 of 2023

Ram Babu ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Sri Vinod Kumar Patel

Counsel for the Respondents:
C.S.C

Civil Law - U.P. Panchayat Act, 1947 -
Sections 28-A & 28-B - U.P. Revenue Code,
2006 - Sections 60, 62, 72 & 73 -
Petitioner claiming to be authorised by
Gram Panchayat, filed instant writ petition
alleging that on pasture land, respondent
no. 4 started illegal construction and
despite his complaint, authorities taken no
action - Objections regarding statutory
provisions not followed for filing petition -
From perusal of specific provision, it is
clear that to file any suit or proceeding on
behalf of Gaon Sabha, Land Management
Committee must pass resolution, obtain
permission from S.D.M. or Collector and
proceed through panel lawyer under
Section 72 of Code, 2006, unless prior
written permission granted by Collector to
engage private counsel - Petitioner relied
on authority letter claiming authorization
from Land Management Committee to file
petition, said letter is vague, lacks copy of
referenced resolution, letter issued by
pradhan to himself without date, no
averment that S.D.M. or Collector ever
granted permission to file writ petition -
Petition not maintainable, dismissed -
(Para 2, 24, 37, 38)

Writ petition dismissed. (E-13)

List of Cases cited:

1. Land Management Committee Nainu Patti
through Pradhan Gaon Samaj Pergana and
District Mathura Vs Board of Revenue, U.P.
Allahabad & ors. reported in 1965 ALJ 858,
(Paras 3 to 7)
928 INDIAN LAW REPORTS ALLAHABAD SERIES
2. Gram Samaj Kairadih through its Sabhapati
Ram Ujagar, Pargana Ungli, Tahsil Shahganj,
district Jaunpur Vs Dy. Director of Consolidation
U.P. Lucknow Camp at Jaunpur & ors. reported
in 1969 AWR 500, (Paras 5 to 14, 18)

3. Dhani Ram & ors. Vs Deputy Director of
Consolidation & ors. reported in AIR 1977 All
491, (Paras 6, 7)

4. Gram Samaj Manauta Vs Bhondi & ors.
reported in 1985 AWC 191, (Para 7)

5. Manoj Kumar Yadav Vs St. of U.P. reported in
2018 (139) RD 189

6. Daulat Ram (village pradhan) & anr. Vs St. of
U.P. reported in 2017 (134) RD 830

7. Neeraj Kumar Vs St. of U.P. reported in 2015
(3) AWC 3167

(Delivered by Hon'ble Manish Kumar
Nigam, J.)

1. This writ petition has been filed for
following prayer:

A) Issue a writ, order or
direction in the nature of mandamus
directing the Respondent no. 3 to
demarcate the Gata No. 402 from the
Gata No. 350 as well as assure that the
nature of the pasture land may not be
changed which is located at villageChandravat @ Pure Matadin, ParganaSikandra,
Tehsil-Phoolpur,
District
Prayagraj.

B) Issue a writ, order or direction
in the nature of mandamus directing and
commanding the respondent no. 3 to assure
that status quo relating to the Gata No. 402
(Pasture land) may be maintained unless
and until the demarcation of the aforesaid
Gata
No.
402,
located
at
villageChandravat @ Pure Matadin, ParganaSikandra,
Tehsil-Phoolpur,
District
Prayagraj, is made by the team of the
Lekhpals of other circule.

C) Issue any other writ, order or
direction which this Hon'ble Court may
deem fit in the facts and circumstances of
the case.

D) Issue the award cost of the
writ petition.

2. Brief facts of the case are that this
petition has been filed by Ram Babu i.e.
petitioner claiming himself to be authorised
by Gram Panchayat for filing this writ
petition. It has been stated in the writ
petition that Gata No. 402 located at
Village Chandravat @ Pure Matadin,
Pargana Sikandra, Tehsil Phoopur, District
Prayagraj is the pasture land over which
respondent no. 4 started illegal construction
and complaint regarding this was made by
the petitioner to respondent authorities but
no action has been taken by the respondent
authorities.

3. A preliminary objection has been
raised as regards to maintainability of writ
petition by the learned Standing Counsel on
following grounds:

1. This writ petition has been
filed by one Rambabu son of Kedar Nath
but there is no averment in the present writ
petition that Rambabu, petitioner is the
pradhan of the village and petition has not
been filed on behalf of Gaon Sabha or Land
Management Committee.

2. The instant petition has been
filed without resolution of the Land
Management Committee to file this petition
and without obtaining approval to any such
resolution
from
the
Sub
Divisional
Officer/Collector which is a statutory
11 All. Ram Babu Vs. State of U.P. & Ors.
929
requirement in terms of the various
provisions contained in the U.P. Revenue
Code, 2006, U.P. Revenue Code Rules,
2016, U.P. Gram Sabha Manual, U.P.
Panchayat Raj Act and the rules framed
thereunder.

3.
In
absence
of
requisite
resolution
duly
approved
by
the
S.D.M./Collector for engaging a private
counsel, the petition can be filed only by
the counsel appointed by the State
Government
to
represent
the
Land
Management Committee before this Court
and not by any other private counsel.

4. In rebuttal, learned counsel for the
petitioner contended that the petitioner is
the pradhan of the village Chandrawat
(Khargu Ka Pura), Post Tejpur, Police
Station Mauaima, District Prayagraj and
has relied upon the authorization dated
20.07.2023 filed as annexure no. 1 to the
writ petition. The authorization relied upon
by the learned counsel for the petitioner is
quoted as under:

"ग्राम पंचायत चन्द्रवट उर्फ पूरे मातादीन वव० ख० बहररया
तहसील र्ूलपुर. जनपद प्रयागराज।

रार्बाबू (ग्रार् प्रधान)

क्रनवास

र्ो०नं०- 6392261376

ग्रार् चन्द्रावट
(खरर्ू का पूरा) पो० तेजपुर.

थाना र्ऊआइर्ा

क्रजला-प्रयार्राज।

ग्रार् प्रधान द्वारा र्ाननीय उच्च न्यायालय र्ें र्ाटा संख्या
402 चारार्ाि भूक्रर् को इलािाबाद उच्च न्यायालय र्ें क्रकसी भी
अक्रधविा द्वारा ररट याक्रचका दाक्रखल करने का 20.07.2023 के
प्रस्ताव के आधार पर ग्रार् प्रधान की तरफ से ररट याक्रचका करने
क्रनर्िय कराया जाये।

ि० रार् बाबू

प्रधान"

5. Before examining the rival
contention of the parties, it will be
appropriate to look into the statutory
provisions made in this regard.

6. U.P. Revenue Code,, 2006 as
amended by U.P. Act, 2016 repealed as
many as 39 enactments, including U.P.
Zamindari Abolition and Land Reforms
Act, 1950 and century old U.P. Land
Revenue Act, 1901. The, U.P. Revenue
Code, 2006 is uniformally applicable to
whole of Uttar Pradesh. Sub Section (22) of
Section 4 of U.P. Revenue Code, 2006
provides word and expressions "Gram
fund"
"Gram
Sabha"
and
"Gram
Panchayat"
shall
have
the
meaning
assigned to them in the U.P. Panchayat Raj
Act, 1947. Sub Section (5) of Section 4 of
U.P. Revenue Code provides "Bhumi
Prabandhan Samiti" means a Bhumi
Prabandhan
Samiti
constituted
under
Section 28-A of the U.P. Panchayat Raj
Act, 1947.

7. Section 28-A of the U.P. Panchayat
Act, 1947 provides Bhumi Prabandhan
Samiti. Section 28-A of the U.P. Panchayat
Act, 1947 is quoted as under:

"28-A.
Bhumi
Prabandhak
Samiti - The [Gram Panchayat] shall also
be Bhumi Prabandhak Samiti and as such
discharge the duties of up-keep, protection
and supervision of all property belonging to
or vested in or held by the Gram Panchayat
under Section 117 of the Uttar Pradesh
Zamindari Abolition and Land Reforms
Act, 1950 (U.P. Act No. 1 of 1951) or
under any other provisions of that Act.

(2) The Pradhan shall be the
Chairperson of the Bhumi Prabandhak
930 INDIAN LAW REPORTS ALLAHABAD SERIES
Samiti, and the Lekhpal of the area
comprised in the jurisdiction of the [Gram
Panchayat] shall be its Secretary".

8. Section 28-B of the U.P. Panchayat
Raj Act, 1947 provides for the function of
Bhumi Prabandhan Samiti. Section 28-B of
U.P. Panchayat Raj Act is quoted as under:

"28-B. Functions of the Bhumi
Prabandhak Samiti - (1) The Bhumi
Prabandhak Samiti shall, for and on behalf
of the Gram Panchayat be charged with the
general management, preservation and
control of all property referred to in Section
28-A including -

(a) the settling and management
of land but not including the transfer of any
property for the time being vested in the 5
[Gram Panchayat] under Section 117 of the
Uttar Pradesh Zamindari Abolition and
Land Reforms Act 1950 (U.P. Act No. 1 of
1951) or under any other provision of that
Act;

(b) the preservation, maintenance
and development of forests and trees;

(c)
the
maintenance
and
development of abadi sites and village
communication;

(d) the management of hats,
bazaars and meals;

(e)
the
maintenance
and
development of fisheries and tanks;

(f) the rendering of assistance in
the consolidation of holdings;

(g) the conduct and prosecution
of suits and proceedings by or against the
Gram Panchayat relating to or arising out
of the functions of Samiti;

(h) the performance of functions
specifically
assigned
to
the
Bhumi
Prabandhak
Samiti
under
the
U.P.
Zamindari Abolition and Land Reforms
Act, 1950 or any other enactment; and

(i) any other matter relating to
such management, preservation and control
as may be prescribed;

and may exercise all powers of
the [Gram Panchayat] necessary for or
incidental to the discharge of such duties.

(2)
The
Bhumi
Prabandhak
Samiti shall function subject to the
provisions of the U.P. Zamindari Abolition
and Land Reforms Act, 1950.

9. Section 28-B of the U.P. Panchayat
Raj Act, 1947 describes various statutory
function of the Bhumi Prabandhan Samiti
for and on behalf of Gram Panchayat which
includes the General Managment and
control of all property belonging to or
vested in or held by Gram Panchayat. The
function of Land Management Committee
also includes conduct and prosecution of
suits and proceedings by or against the
Gram Panchayat.

10. Section 60 of the U.P. Revenue
Code,
2006
also
provides
for
superintendence, management and control
of Bhumi Prabandhan Samiti. Section 60 of
the U.P. Revenue Code, 2006 is quoted as
under:

"60.
Superintendence,
management and control by Bhumi
Prabandhak Samiti. -(1) Subject to the
provisions of this Code, every Bhumi
11 All. Ram Babu Vs. State of U.P. & Ors.
931
Prabandhak Samiti shall be charged, for
and on behalf of the Gram Panchayat, with
the
superintendence,
preservation,
management and control of all land and
other things entrusted or deemed to be
entrusted to that Gram Panchayat under
section 59 or over which such Gram
Panchayat is entitled to take possession
under this Code or any other law for the
time being in force.

(2) Without prejudice to the
generality of the foregoing provisions, the
functions and
duties of the
Bhumi
Prabandhak Samiti shall include:-

(a)
the
settlement
and
management of land;

(b) the preservation, maintenance
and development of forests and trees;

(c)
the
maintenance
and
development of abadi sites and village
communications;

(d) the management of hats,
bazaars and melas;

(e)
the
maintenance
and
development of fisheries and tanks;

(f) the development of cottage
industries;

(g)
the
development
and
improvement of agriculture;

(h) the conduct and prosecution
of suits and proceedings by or against the
Gram Panchayat; and

(i) such other matters as may be
prescribed "

11. Thus, in view of above quoted
provisions of U.P. Panchayat Raj Act, 1947
and U.P. Revenue Code, 2006, it is a duty
of
Land
Management
Committee
to
manage and preserve and supervise all
property belonging to Gram Panchayat. It is
also one of the statutory duties cast upon
the Land Management Committee to
conduct and prosecute suits and other legal
proceedings by or against the Gram
Panchayat. Though, the Land Management
Committee is bound by the statutory duty
to conduct and prosecute legal proceedings
by or on behalf of Gram Panchayat,
however,
the
function
of
Bhumi
Prabhandhan Samiti are regulated by the
provisions of U.P. Gaon Sabha Manual,
U.P. Revenue Code, 2006 and Rules
framed under the U.P. Revenue Code, 2006
known as U.P. Revenue Code Rules, 2016.

12. Section 62 of the U.P. Revenue
Code, 2006 provides for contesting of suits
and legal proceedings which is as under:

"62. Conduct of suits and legal
proceedings.- (1) Subject to the provisions
of sub-section (2) and such other conditions
as may be prescribed, the Chairman or such
members of the Bhumi Prabandhak Samiti
as may be authorised in this behalf by such
Samiti, may sign any document and do all
other things for the proper conduct and
prosecution of suits and other proceedings
for and on behalf of the Gram Panchayat.

(2) No suit or other proceedings
to which any Gram Panchayat is a party
shall be compromised or withdrawn on
behalf of such Gram Panchayat, unless
such
compromise
or
withdrawal
is
approved by a resolution of the Bhumi
Prabandhak Samiti and prior sanction of
the Sub-Divisional Officer is obtained."
932 INDIAN LAW REPORTS ALLAHABAD SERIES

13. Sub Section (1) of Section 62
provides that subject to the provisions of
Section 62 and such other conditions and as
may be prescribed, chairman or member of
Bhumi Prabhandhan Samiti as may be
authorise and such Samiti do all other
things for proper conduct and prosecution
of the suits and other proceedings for and
on behalf of Gram Panchayat.

14. It is pertinent to mention that such
other conditions as may be prescribed as
mentioned in Sub Clause (1) of the Section
62 are not being provided in the U.P.
Revenue Code Rules 2016 but Sub rule (1)
of Rule 74 of U.P. Revenue Code Rules,
2016 provides that other duties of Penal
Lawyers and the control of Collector
Commissioner, the Secretary Board of
Revenue or the Government, as the case
may be, over there and conduct of suits and
legal proceedings shall be governed by the
instructions regarding conduct of Gram
Panchayat
Litigation
contained
in
Appendix-II
to
these
rules
or
the
instructions
issued
by
the
State
Government from time to time. AppendixII to the U.P. Revenue Code Rules 2016
which contains the instructions for the
conduct of Gram Panchayat litigation
provides procedure for litigation to be
conducted by Gram Panchayat. Paragraph 1
of the Appendix-2 provides that Gram
Panchayat is a corporate body which is
vested with the capacity of suing and being
sued in its statutory name. On its behalf the
Land Management Committee and its
chairman are responsible for conduct of all
litigation affecting generally the Gram
Panchayat, subject to the control, generally
of the Government and locally Collector or
S.D.M.

15. Paragraph no. 2 of the aforesaid
appendix provides that the conduct of
Gram Panchayat litigation shall not depend
upon individual discretion of the chairman
of the Land Management Committee, but
shall be matter of resolution of Land
Management Committee as a whole.
In urgent case, however, the chairman
can take action on his own and seek
rectification of the Land Management
Committee afterwards by including it
in the agenda of the next ensuing
meeting.

16. Apart from the other, paragraph
no. 12 of the Appendix-II to the U.P.
Revenue Code, 2006 also provides, the
chairman
of
the
Land
Management
Committee shall not be entitled to take any
action in any suit or proceedings unless he
consults the panel lawyer and obtains
permission by the S.D.M. or the Collector.
Sub para 2 of the paragraph no. 12 of the
appendix-2 provides that before instituting
a suit or proceeding, the chairman of the
Land
Management
Committee
should
report full facts to the Tehsildar along with
resolution
of
the
Land
Management
Committee
for
filing
the
suit
or
proceedings. The Tehsildar shall after
making such enquiry as may be necessary
and after consulting the panel counsel
submit his report to the S.D.M. along with
written opinion of the Tehsil panel lawyer.
If the suit or proceeding is to be
instituted in the Court of Tehsil
Headquarters, the S.D.M. shall take
a decision. If the suit, instituted in a
Court at the District Headquarters,
the S.D.M. shal submit all the papers
to the Collector for orders. The
Collector shall then decide whether a
suit or proceeding is to be instituted
or not. He may, in this connection,
consult the Headquarter panel lawyer
or the District Government Counsel,
if he considered necessary.
11 All. Ram Babu Vs. State of U.P. & Ors.
933

17. It will be useful to look into the
provisions as made in the U.P. Gaon Sabha
Manual which are held to be mandatory by
various pronouncements made by this
Court.

Paragraph nos. 101, 105, 110 and
111 of the Gaon Sabha Manual are
extracted hereinbelow:

"101. Gram Sabha's litigation.-
The conduct of Gram Sabha's litigation
shall not depend upon the individual
discretion of the Chairman of the Bhumi
Prabandhak Samiti but shall be a matter of
resolution of the Bhumi Prabandhak Samiti
as a whole. In urgent cases, however, the
Chairman can take action on his own and
seek ratification of the Bhumi Prabandhak
Samiti afterwards by including in the
agenda of the next ensuing meeting.[Vide
G.O. No. 2240-AZ/ZA-1165-1954, dated
20th August, 1958].

105. Power to engage Panel
lawyer.- (1) Only the Collector or SubDivisional Officer are authorised to grant
sanction to engage Panel Lawyers. In every
case, the Bhumi Prabandhak Samiti shall
obtain their sanction for engagement of
such lawyers and shall not engage them
directly.

(2)
The
Bhumi
Prabandhak
Samiti cannot, except by the specific
permission of the Collector, engage any
lawyers other than Panel Lawyer.

(3) Generally, Collector shall
only in those cases, which can be of special
intricacy or in which it can be apprehended
that panel lawyer will collude with opposite
party, grant permission to engage a lawyer
other than the Panel Lawyer.[Vide sub-para
(3) of Para 1 of G.O. No. C-5777/ VII-B-F1239-53, dated 30th March, 1954].

(4)
Fresh
sanction
of
the
Collector or Sub-Divisional Officer is
essential to engage a counsel in an appeal
against Gram Sabha (either alone or along
with the State as a party), if the lawyer is
the same, who had been allowed to appear
in original suit, from which said appeal has
been arisen.[Vide G.O. No. 2550 (M),/ID2020-50, dated 1st December, 1962].

110. To conduct appeal and
revisions etc. by the Panel lawyer.- Under
the provisions of sub-para (4) of Para 117
the appeals or revisions in the case of Gram
Sabha before the Collector, the Civil Judge
or the District Judge at the headquarter of a
district
or
before
the
Additional
Commissioner or the Commissioner at the
headquarter of a division are conducted by
the panel lawyers (civil and revenue) of the
district,
where
these
courts
set
in
consultation with the District Government
Counsel. All the revenue cases before the
Board of Revenue and all the civil cases
arising out of the U.P. Zamindari Abolition
and Land Reforms Act and writs before the
High Court, in which State of U. P. and
Gram Sabha both are parties or Gram
Sabha alone is a party, are to be conducted
by the lawyers of Gram Sabha so appointed
by the State Government in this regard. In
districts, where no panel lawyer (civil)
exists, District Government Council will
conduct the civil appeals or revisions. All
revenue cases before the Board of Revenue,
in which State of Uttar Pradesh and Gram
Sabha both are parties and Gram Sabha
alone is party, has to be conducted by the
lawyers of Gram Sabha. All the civil cases
arising out of the U. P. Zamindari Abolition
and Land Reforms Act, 1950 and writs
before the High Court, in which State of U.
934 INDIAN LAW REPORTS ALLAHABAD SERIES
P. and Gram Sabha both are parties or
Gram Sabha alone is party has to be
conducted by the lawyers of the Gram
Sabha
so
appointed
by
the
State
Government in this regard and in such
cases, the Collector will have to obtain
sanction of the Government in the Revenue
Department.
Generally,
District
Panel
Lawyer will get fees as admissible, if
Collector in particular cases does not
certify that case is of intricate nature or for
any other reason, he is entitled to get
additional fees. Payment of the bills
relating to the above cases and other
miscellaneous expenses relating to that
district shall be made from the Consolidate
Gram Fund. [Vide G.O. No. C-831/VII-BF-III-3-53, dated March, 1953, 2108/VII-FE-1239/53, dated 24th August, 1959 and
G.O. No. A-4477/VII-B-F-1239-53, dated
3rd March, 1960].

111.
Instituting
suit
with
consultation of Panel lawyer.- (1) Gram
Sabha will either be plaintiff instituting a
suit or a defendant to contest a suit. The
Chairman of Bhumi Prabandhak Samiti
will have no right to institute any suit or
proceedings, until he has consulted the
panel lawyers and has obtained orders of
the Collector or Sub-Divisional Officer.

(2) Before instituting a suit,
Bhumi Prabandhak Samiti shall report full
facts to the Tahsildar alongwith a copy of
the resolution of the Samiti for instituting
the suit or proceeding. Tahsildar shall after
making such enquiry, as may be necessary
and after consulting with Panel Lawyers of
Tahsil, submit his report to Sub-Divisional
Officer alongwith the opinion of Penal
Lawyers of Tahsil. If suit or proceeding has
to be instituted before Court of Tahsil
headquarter, the Sub-Divisional Officer
will decide. If suit or proceeding has to be
instituted
before
court
of
District
headquarter, Sub-Divisional Officer shall
present all papers before Collector for
order. The Collector will decide as to
whether suit or proceeding be instituted or
not. In this connection, he may consult with
the District Penal Lawyer or District
Government Counsel.

(3) ........

18. Thus, from the perusal of the
aforesaid provisions contained in Gaon
Sabha Manual, U.P. Revenue Code, 2006
and appendix-II to U.P. Revenue Code
Rules 2016, it is clear that Gaon Sabha or
the Land Management Committee cannot
prosecute or attend litigation on behalf of
the Gaon Sabha without there being a
resolution
of
the
Land
Management
Committee in this regard(except in case of
urgency and subject to rectification by
Land Management Committee in next
ensuing meeting) and further Sub Clause
(2) of paragraph 111 of U.P. Gaon Sabha
Manual requires that before instituting a
suit, Bhumi Prabandhan Samiti shall report
complete facts to the Tehsildar along with
the copy of resolution of the Land
Management Committee for instituting the
suit or proceedings. It further provides that
the Tehsildar will thereafter make an
enquiry as may be necessary and will
consult with the panel lawyer of the Tehsil
and may submit his report to the S.D.M. or
Collector along with opinion of panel
lawyer and accordingly, the S.D.M. or the
Collector will decide as to whether the suit
or proceedings are to be instituted. Similar
provision has been made in Sub-para (2) of
Paragraph No. 12 of the Appendix-II to the
U.P. Revenue Code Rule, 2016.

19. Section 72 of U.P. Revenue Code,
2006 provides for appointment of Standing
11 All. Ram Babu Vs. State of U.P. & Ors.
935
Counsel and other lawyers to represent at
High Court, Board of Revenue and other
Courts. Section 72 of the U.P. Revenue
Code, 2006 is quoted as under:

"72. Standing Counsel and
other lawyers.- (1) The State Government
may, on such terms and conditions and in
such manner as may be prescribed, appoint-

(a) one or more Standing Counsel
(Revenue) each at Allahabad High Court
and Lucknow Bench thereof;

(b) one or more Standing Counsel
(Revenue) each for Board of Revenue
Allahabad and Lucknow;

(c) one or more Divisional
Government Counsel (Revenue) for the
divisional head-quarter; and

(d) one District Government
Counsel (Revenue) and one or more
Additional District Government Counsel
(Revenue) for the district head-quarter.

(2) The Collector may, on such
terms and conditions and in such manner as
may be prescribed appoint not more than
two Panel Lawyers (Revenue) for every
tahsil.

(3) Subject to the provisions of
sub-section (2) of section 62, the legal
practitioners appointed under sub-section
(1) or sub-section (2) may plead or act,
without any written authority, on behalf of
any Gram Sabha, Gram Panchayat or
Bhumi Prabandhak Samiti in any Court or
authority for which he is so appointed.

(4) No Gram Sabha, Gram
Panchayat or Bhumi Prabandhak Samiti
shall engage any legal practitioner other
than one appointed under this section
without prior permission of the Collector.

(5)
Notwithstanding
anything
contained in the Court Fees Act 1870 (Act
No.7 of 1870) no Court fee shall be payable
on
any
vakalatnama
or
memo
of
appearance filed by any legal practitioner
appointed under this section.

(6)
The
legal
practitioners
appointed under this section shall not be
competent to plead or act against any Gram
Sabha,
Gram
Panchayat
or
Bhumi
Prabandhak Samiti before any Court for
which he is so appointed.

(7) The State Government may,
by notification in the gazette, issue any
direction, for monitoring of cases filed by
or against Gram Panchayat, Gram Sabha or
Bhumi Prabandhak Samiti and performance
based annual appraisal of Panel Advocates
appointed
under
this
Code
or
the
enactments repealed by it, and also for
appointing any law officer for the
aforesaid purpose".

20. Section 73 of the Revenue
Code,
2006
provides
that
representation of Gram Panchayat in
suits and other proceedings under the
U.P. Revenue Code, 2006. Section 73
of the Revenue Code, 2006 is quoted
as under:

"73.
Representation
of
Gram Panchayat.-(1) In any suit or
other proceedings under this Code, the
Gram Panchayat shall be represented-

(a) in proceeding before the
Collector or in a Civil Court, by the
District
Government
Counsel
(Revenue);
936 INDIAN LAW REPORTS ALLAHABAD SERIES

(b) in proceeding before the
Commissioner,
by
the
Divisional
Government Counsel (Revenue), and;

(c) in proceeding before the
Board or the High Court by the separate
Standing Counsel (Revenue) of Lucknow
or Allahabad, as the case may be.

(2) Nothing in this chapter shall
preclude the State Government or the
Collector from appointing special counsel
for the conduct of any suit or proceeding to
which any Gram Panchayat is party on such
terms
and
conditions
as
may
be
prescribed."

21. The Sub Clause 4 of Section 72
prohibits the Gaon Sabha, Gram Panchayat
or Bhumi Prabandhan Samiti to engage any
legal practitioner other than one appointed
under Section 72 of the U.P. Revenue
Code, 2006 without prior permission of the
Collector.

22. Rule 72 of the U.P. Revenue Code
Rules 2016 provides for appointment of
counsels to represent the Gaon Sabha,
Gram Panchayat or Bhumi Prabandhan
Samiti.

23. Rule 74 of the U.P. Revenue Code
Rules, 2016 provides for other terms and
conditions of the counsel referred in
Section 72 of U.P. Revenue Code Rules
2016. Sub Rule (e) of Rule 74 of U.P.
Revenue Code Rules 2016 provides that no
panel lawyer shall institute, contest or
conduct in case unless he is authorised to
do so by the Sub Divisional Magistrate or
Collector or the Board of Revenue or
Government as the case may be.

24. Thus, from the perusal of
provisions of law quoted above, it is clear
that for filing or initiating any suit or
proceedings before the court of law on
behalf
of
Gaon
Sabha,
the
Land
Management Committee has to pass a
resolution to the effect and has also to
obtain the permission from the S.D.M. or
Collector as the case may be. Further, the
Land Management Committee has to file
the suit or proceeding through panel lawyer
appointed under Section 72 of the U.P.
Revenue Code, 2006 and in any case
cannot engage a private counsel except
with the prior permission in writing by the
Collector in this regard.

25. It has been contended by the
learned counsel for the petitioner that the
provisions contained in U.P. Gaon Sabha
Manual and Appendix-II of the U.P.
Revenue Code Rules, 2016, are not
mandatory and are only directory. Learned
counsel for the petitioner has relied upon
the judgment of this Court in case of Land
Management Committee Nainu Patti
through Pradhan Gaon Samaj Pergana
and District Mathura v. Board of
Revenue, U.P. Allahabad and others
reported in 1965 ALJ 858 in support of his
contention.
Learned
counsel
for
the
petitioner placed reliance upon paragraph
no. 3, 5, 6 & 7 of the aforesaid judgment.
Paragraph 3, 5, 6 & 7 of the judgment in
Land Management Committee v. Board
of Revenue (Supra) are quoted as under:

"3. When this petition was taken
up, a preliminary objection was raised by
the learned Counsel for the opposite parties
2 and 3 to the effect that this writ petition
was not properly presented and that Sri
G.N. Verma, learned Counsel for the
Petitioner, could not be heard. According to
the learned Counsel the Pardhan who had
signed Vakalatnama appointing Sri. G.N.
11 All. Ram Babu Vs. State of U.P. & Ors.
937
Verma has not been proved to be the
Chairman
of
the
Land
Management
Committee. As such he was not com petent
to authorise Sri. G.N. Verma to file the writ
petition against the order of the Board. The
second submission of the learned Counsel
was that in view of paragraph 131 of the
Gaon Samaj Manual it is a panel lawyer
appointed by the State who could file the
writ petition and could be heard in support
of it and not any other counsel.

5. Now coming to the second
objection of the learned Counsel, it has
been submitted on behalf of the Petitioner
by Sri G.N. Verma that para-graph 131 of
the Gaon Samaj Manual is only a direction
issued by the State Government. It has no
force of Statutory law. Moreover, this
paragraph is only directory and noncompliance of it would not make the
petition incompetent. Moreover it was
submitted that so far as the High Gourt is
concerned no lawyer has been appointed to
conduct Gaon Samaj litigation. Sri. S.B L.
Gaur, learned Counsel for the Respondents
on being asked expressed his inability to
inform the Court as to whether any counsel
has been appointed for conducting the
litigation for and on behalf of the Goan
Samaj in this Court.

6. Section 127B of the U.P.
Zamindari Abolition and Land Reforms
Act deals with the panel of lawyers which
is as follows:

"127B. Panel lawyers. (1)
The State Government may, on such terms
and conditions and in such manner as may
be prescribed, appoint in each district a
panel of lawyers to conduct suits and other
proceedings by or against the Gaon Sabhas
in respect of their functions under this Act.

(2) A panel lawyer shall with
respect to such Gaon Sabhas in district, as
may be prescribed, be their agent for the
purpose of receiving processes issued by
any court or any authority against them in
respect of their functions under this Act,
and shall be deemed to be the recognised
agent by whom appearances, acts and
applications under this act of the U.P. Land
Revenue Act, 1901 or any other law
relating to land tenure may be made or
done on behalf of such Gaon Sabhas."

By
virtue
of
Section
128(2)(k) rules have been framed for the
conduct and prosecution of the suits and
proceeding by or against the Land
Management Committee. In pursuance of
this provision the State Government has
made Rule 114 in this respect which is as
follows:

"114 In For the conduct of suits,
applications and other proceedings, by or
against the Gaon Samajes, the following
shall be appointed to the panel of lawyers
in each district for the courts specified
against each:

(a) The District Government
Counsel (Civil) appointed by the State
Government for civil courts at district
headquarters

(b) The District Government
Counsel (Revenue) appointed or to be
appointed by the State Government for
revenue courts at district headquarters. The
District Government Counsel (Civil) and
the
District
Government
Counsel
(Revenue), appointed in the manner given
above, shall be the recognised agent of all
Gaon Samajes in the District for civil and
revenue work as the case may be.
938 INDIAN LAW REPORTS ALLAHABAD SERIES

(c) A Mukhtar, a revenue agent or
a lawyer to be selected for appointment by
the Collector who is hereby empowered to
make appointment on behalf of the State
Government for revenue courts at Tahsil
headquarters. He shall be the recognised
agent of the Gaon Samajes only for cases in
revenue courts at Tahsil headquarters.

(d) The Sub District Government
Counsel (Civil) appointed by the State
Government for civil courts at tahsil
headquarters, wherever they exist. He shall
be the recognised agent of the Gaon
Samajes only for cases in civil courts at
tahsil headquarters.

(2) The term of the tahsil panel
lawyers shall not exceed three years but the
appointing authority may remove and such
lawyer before the expiry of his term.

(3) District Officer shall maintain
a confidential personal file of every panel
lawyer and shall annually enter therein
remarks on the lawyer's capacity, efficiency
and integrity.

(4) The terms and duties of the
panel lawyers and the control of the
Collector over them shall be governed by
the instructions for the conduct of Gaon
Samaj litigation issued in GO No. 2240
AZ/I A-1165 1954, dated August 20, 1958,
or such instructions as may be issued by the
State Government from time to time.

It is apparent from this rule that
no counsel has been appointed to conduct
cases on behalf of the Gaon Samaj in this
Court. In absence of any mention of this
Court one could think that standing
Counsel may be considered to be such
counsel for the conduct of the case on
behalf of the Gaon Samaj. But, in my
opinion, this assumption cannot be made
for the simple reason that the Standing
Counsel represents the Board of Revenue
and subordinate courts. As such it is not
possible to consider that the Standing
Counsel might be deemed to be a counsel
for the Land Management Committee. In
absence of any such appointment when the
Chairman, Land Management Committed
is a person authorised under the law to
conduct a litigation for or against the Gaon
Samaj and when he appoints a counsel for
that purpose, it cannot be said that the
counsel has no authority to file the petition
or to argue the case on his behalf.
Moreover in my opinion, paragraph 131 of
the Gaon Samaj Manual is only a direction
given by the State Government to the Land
Management Committee and has not the
force of statutory law. Non-compliance of
it cannot be considered to be fatal to the
presentation of the writ petition or the
appointment of Sri. G.N. Verma as counsel
for the Land Management Committee. NO
objection had been taken in the counter
affidavit
in
this
respect
as
well.
Consequently no evidence could be brought
on the record to show that the Chairman,
Land Management Committee had taken
special permission for the engagement of
Sri. G.N. Verma as provided by paragraph
131 of the Gaon Samaj Manual itself.

7. Since the Chairman, Land
Management Committee is authorised to
conduct litigation for or against the Land
Management Committee and he appoints a
lawyer to conduct a case why should this
Court
in
absence
of
any
statutory
prohibition go into this question and refuse
to hear the counsel appointed by the
Chairman, Land Management Committee.
If
the
Chairman,
Land
Management
Committee has acted in contravention of
certain directions of the State, it is for the
11 All. Ram Babu Vs. State of U.P. & Ors.
939
State or the person aggrieved to take action
against the Chairman, Land Management
Committee for disobeying the directions
issued by the State Government. This Court
will not go into this question when there is
no legal prohibition in the Act or the Rules
made in this respect for engaging a private
counsel for the conduct of a litigation on
behalf of the Gaon Samaj so for as this
Court is concerned. In view of what has
been said above, the preliminary objection
raised is overruled."

26. Per contra, learned Standing
Counsel appearing on behalf of State
respondent contended that in case of Gram
Samaj Kairadih through its Sabhapati
Ram Ujagar, Pargana Ungli, Tahsil
Shahganj, district Jaunpur v. Dy.
Director
of
Consolidation
U.P.
Lucknow Camp at Jaunpur and
others reported in 1969 AWR 500,
this Court has held that provisions are
mandatory. It was further submitted
that in case of Gram Samaj (Supra),
the Hon'ble Court has also considered
the
judgment
in
case
of
Land
Management
Committee
(supra).
Learned Standing Counsel has relied
upon paragraph nos. 5, 6, 7, 8, 9, 10,
11, 12, 13, 14 and 18 of the judgment
in case of Gram Samaj (supra) which
are quoted as under:

"5. Two questions arise for
consideration: whether the Chairman
of the Land Management Committee,
that is, the Sabhapati of the Gaon
Samaj, could file the written statement
and also prefer an appeal or revision
without any resolution of the Land
Management
Committee;
and
secondly, if the Gaon Samaj could
engage a private lawyer, and not a
lawyer appointed to prosecute or
defence cases of the Land Management
Committee.

6. Section 122 A of the UP ZA
and LR Act was deleted under section 273
of the UP Adhiniyam, 33 of 1961. The
present case, however, is governed by the
provisions as in force prior to the
enforcement of UP Adhiniyam, 33 of 1961.
U/sub-S. (3) of this section the Chairman or
any other office bearer or member of the
Land
Management
Committee
shall,
subject to such conditions, as may be
prescribed,
be
entitled
to
sign
any
document and to do all other things for the
conduct and prosecution of suits and other
proceedings. The subsection merely speaks
of the signing of the plaint or written
statement, but not whether the Chairman
can institute a legal proceeding on his own.
Neither does the subsection authorize the
Chairman to defend a suit or proceeding on
his own. What the sub section lays down is
that once the suit has to be instituted or
defended, the Chairman can sign the
document and do all other things necessary
for its conduct and prosecution. As the suit
is instituted or defended by the Land
Management Committee, the decision to
sue or defend has to be taken by the Land
Management Committee, and cannot be
taken by the Chairman or any office bearer
in his individual capacity. It must be the
collective
decision
of
the
Land
Management Committee, and not of any
individual member thereof.

7. Clause (k) of Section 128 (2)
of the UP ZA and LR Act gives power to
the State Government to make rules for the
conduct and prosecution of suits and
proceedings by or against the Land
Management Committee. Such rules are
contained in Rr. 115-A and 115-13 of the
UP ZA and LR Rules.