- (1.) HEARD Shri Anshu Chaudhary, learned counsel for the petitioners, Shri Gautam Chaudhary, learned counsel for the respondents appearing for respondent nos. 4 and 5 and learned Standing Counsel for respondent nos. 1, 2 and 3.
(2.) LEARNED counsel for the petitioner submits that petitioner be permitted to delete the respondent no. 6 from the array of the parties. Amendment application filed today is allowed. Petitioner may carry out the amendment during the course of the day. By the consent of both the parties, the writ petition is being finally disposed of. 2. By this writ petition, the petitioner have prayed for quashing the order dated 15th June, 2012 passed by the Collector, Auraiya under Section 228/251 of the U.P. Kshetra Panchayat and Zila Panchayat Adhinium, 1961 (hereinafter referred to as 'the Act') as well as the order dated 30th December, 2011 passed by the Divisional Commissioner, Kanpur, Division Kanpur by which the appeal filed by the respondent no. 4 was rejected by holding it to be not maintainable before the Commissioner with liberty to respondent no. 4 to file an appeal before the Collector. The petitioners Zila Panchayat, Auraiya and Mohd. Irshad, Adhyaksha/Chairman, Zila Panchayat, District Auriaya have come up in the writ petition challenging the orders passed by the District Magistrate as well as the order of the Commissioner.
(3.) THE first submission of the learned counsel for the petitioners is that the Commissioner committed error in rejecting the appeal of respondent no. 4 as not maintainable. Learned counsel for the petitioners submits that the Commissioner is an Appellate Authority under Section 228 of the U.P. Kshetra Panchayat and Zila Panchayat Adhinium, 1961, hence he committed error in rejecting the appeal. Section 228 of the Act provides the power of Prescribed Authority to suspend action under the Act. Section 228 of the U.P. Kshetra Panchayat and Zila Panchayat Adhinium, 1961 is quoted below:- "Powers of prescribed authority to suspended action under the Act. (1) The prescribed authority may, whithin the limits of its jurisdiction by order in writing, prohibits the execution or further execution of a resolution or order passed or made under this or any other enactment by a Zila Panchayat, or Committee of a Zila Panchayat, or a joint committee, or servant of a Zila Panchayat or a Committee, if in its opinion such resolution or order is patently illegal or ultra vires or inconsistent with any order or direction given by the State Government under this Act or is of a nature to cause or tend to cause obstruction, annoyance or injury to the public or to any class or body or persons lawfully employed, or danger to human life, health or safety, or a riot or affray and may prohibit the doing or continuance by any person of any act in pursuance of or under cover of such resolution or order. (2) Where an order is made under Sub-section (1) a copy thereof, with a statement of the reasons for making it, shall forthwith be forwarded by the prescribed authority to the State Government which may, after calling for an explanation from the Zila Panchayat and considering the explanation, if any, made by it, rescind, modify or confirm the order. (3) Where the execution or further execution of a resolution or order is prohibited by an order made under Sub-section (1) and continuing in force, it shall be the duty of the Zila Panchayat or the Committee of the Zila Panchayat or the joint committee or any officer or Servant of the Zila Panchayat or of the Committee of the Zila Panchayat or of the joint committee, if so required by the authority making the order under the said sub-section, to take any action which it would have been entitled to take if the resolution or order had never been made or passed, and which is necessary for preventing any person from doing or continuing to do anything under cover of the resolution or order of which the further execution is prohibited." Learned counsel for the petitioners states that Commissioner has been notified as a Prescribed Authority under Section 228 of the Act. By virtue of the notification dated 13th February, 1963 (Annexure No. 6 to the writ petition), the Commissioner has been notified as Prescribed Authority for exercise of power under Section 228 of the Act. The power under Section 228 of the Act is not an appellate power of the Commissioner but is the power given to Prescribed Authority to suspend any action under the Act. ;