u.p. pachayat raj act
awadhesh kumar gupta khadiwala
(Querist) 27 January 2011
This query is : Resolved
whether notice under section 106 u.p. panchayt raj act is necessary for filling a suit for prohibitory injuction in civil court
Guest
(Expert) 27 January 2011
KINDLY NOTE THAT ANY CIVIL DISPUTE STARTS WITH NOTICE AND INJUNCTION SUIT IS FILED TO STAY THE SAID NOTICE.GOOD LUCK.
H.M.Patnaik
(Expert) 27 January 2011
Well advised by Experts.
Kirti Kar Tripathi
(Expert) 28 January 2011
Section 106 of U.P. Panchayati Raj Act runs as under:-
106. Suits against
1
[Gram Sabhas],
1
[Gram Panchayats], their officers or
the officers and servants of Nyaya Panchayat – (1) No suit or other legal
proceedings shall be instituted against a Gram Sabhas or Gram Panchayat [or Bhumi
Prabankdhak Samiti or against a member or officer or servant thereof or of Nyaya
Panchayat] or against any person acting under the direction of any of these bodies or
persons for anything done or purporting to have been done in official capacity under
this Act, until the expiration of 2 months next after notice in writing has been in the
case of Gram Sabha or
1
[Gram Panchayat], delivered in or left at the office of the
Gram Panchayat concerned and in the case of a member, officer or servant of any
person acting under his direction or the direction of the Gram Sabha or
1
[Gram
Panchayat] or Nyaya Panchayat delivered to him or left at his office or place of abode,
explicity stating the cause of action, the nature of the reliefs sought, the amount of
compensation, if any, claimed and the name and place of abode of the intending
plaintiff and the plaint shall contain a statement that such notice has been so delivered
or left.
(2) No action such as is described in sub-section (1) shall be commenced
otherwise than within six months next after the accrual of the cause of action.
From the perusal of said section it is apparent that the compliance this section is mandatory.
