HC fines 2 Lko officials for acting sans jurisdiction
LUCKNOW, May 24 -- The Lucknow bench of the Allahabad high court has imposed a fine of Rs 20,000 each on the district magistrate, Lucknow, and the additional district magistrate (judicial) for registering a case in a land dispute without jurisdiction.
A single-judge bench of Justice Pankaj Bhatia termed the action "administrative overreach". The court passed the order on May 19 and it was uploaded on the high court's website on Saturday.
The court observed that the officers acted beyond their legal authority, causing unnecessary harassment to the petitioner. The officers took cognizance and passed orders in a matter under Sections 104 and 105 of the Uttar Pradesh Revenue Code, 2006, despite having no legal power to do so, said advocate Mohit Mishra, who appeared on behalf of the petitioner.
The court directed both officers to deposit Rs 20,000 each from their personal income. The court said the petitioner had been compelled to approach the high court to protect his rights even though the officials had no lawful authority to proceed in the manner they did.
The case arose from a dispute in which a lawyer complained to the district administration about alleged illegal construction and activities on a piece of land. The petitioner, whose name was already recorded in the revenue records, challenged the administrative action after the ADM (judicial) passed an order restraining him from selling the land or undertaking construction on it.
The court noted that the petitioner's name was already recorded in revenue records and that he was being unnecessarily troubled. The court held that the DM did not even consider whether he had jurisdiction in the matter before accepting the complaint....
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