Lucknow, May 30 The Lucknow bench of the Allahabad High Court imposed a personal cost of Rs 20,000 each on the Lucknow district magistrate (DM) and the additional district magistrate (judicial) for acting beyond their jurisdiction and initiating proceedings without statutory authority.
The court observed that the actions of the officials had unnecessarily harassed the petitioner.
Justice Pankaj Bhatia passed the order on May 20 on a petition filed by Nivas Colonizers Private Limited.
The court set aside an order of March 10 issued by the ADM (judicial), which had restrained the company from selling the disputed land and carrying out construction activities.
The petitioner had alleged that advocate R P Singh, who had no apparent connection with the disputed property, first served a legal notice on the company and later filed a complaint before the DM.
The complaint alleged that the land had been transferred illegally and construction work was being undertaken on it. The DM entertained the complaint and forwarded it directly to the ADM (judicial), who passed an interim restraint order without recording any prima facie satisfaction.
The court noted that proceedings under Sections 104 and 105 of the Uttar Pradesh Revenue Code can be initiated only by a sub-divisional magistrate (SDM).
It further observed that Rule 103 mandates a report from the lekhpal and issuance of notices to the parties by the SDM before any action is taken. In the present case, the prescribed procedure was completely bypassed.
The bench also remarked that the advocate had misused his legal knowledge in an attempt to intimidate and blackmail the petitioner.
It held that the DM acted without jurisdiction in registering the matter, while the ADM (judicial) passed the order without the legally required satisfaction and without proper application of mind.
Quashing the entire proceedings and the ADM's order, the court directed both the DM and the ADM (judicial) to pay costs of Rs 20,000 each from their personal accounts within six weeks.
The court specifically clarified that the amount shall not be paid from government funds.
