Citation : 2023 Latest Caselaw 21687 ALL
Judgement Date : 10 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:161677 Court No. - 6 Case :- WRIT - C No. - 24076 of 2023 Petitioner :- Shailendra Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kailash Nath Singh Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Kailash Nath Singh, learned counsel for the petitioner, Mr. Bhupendra Kumar Tripathi, learned counsel for the respondent no.4 and learned Standing Counsel for the State-respondent.
The writ petition has been filed by the complainant against Gram Pradhan in respect to his functioning wherein certain irregularities and illegalities has been committed by him.
On the basis of instructions, Mr. Umendra Kumar Tripathi, learned counsel for Gaon Sabha, submits that the petition has become infructuous as cognizance has been taken on the complaint of the petitioner and inquiry committee has been constituted.
Ms. Pooja Singh, learned counsel representing the State submits that being complainant petitioner has no locus to file such petition, therefore, this petition is not maintainable. In support of her contention, she has relied upon the Full Bench judgment of this Court in the case of Vivekanand Yadav vs. State of U.P. and another reported in 2010(10) ADJ 1 (FB) and the judgment of Co-ordinate Bench of this Court in the case of Narendra Kumar vs. State of U.P. and Ors. reported in 2013(1) ADJ 228.
Accordingly, the petition is dismissed as not maintainable.
However, it is expected that the committee so constituted shall conclude the inquiry after following the proper procedure as prescribed under law, as expeditiously as possible.
Order Date :- 10.8.2023/Rahul.
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