Kapil Dev Rai vs State Of U.P. And 2 Others
2023 Latest Caselaw 22801 ALL

Citation : 2023 Latest Caselaw 22801 ALL
Judgement Date : 22 August, 2023

Allahabad High Court

Kapil Dev Rai vs State Of U.P. And 2 Others on 22 August, 2023

Bench: Manju Rani Chauhan





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:169201
 
Court No. - 6
 

 
Case :- WRIT - C No. - 28014 of 2023
 

 
Petitioner :- Kapil Dev Rai
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Nishad Ramjanki,Sabhajeet,Shashi Kant Dwivedi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents as well as learned counsel for respondent no.3.

This petition has been filed with the prayer to direct the respondent no.2 to consider and decide complaint of the petitioner dated 27.07.2023 within stipulated period.

Learned counsel for the petitioner submits that the petitioner made a complaint against respondent no.3/Ex-Pradhan of Gram Panchayat Chauki, Block-Thekma, Tehsil-Martinganj, District-Azamgarh, whose tenure as Gram Pradhan was from 2016 to 02.05.2021. In the complaint, it was alleged that the respondent no.3 has misused the development funds, therefore, an enquiry may be conducted for the aforesaid illegalities and irregularities as done by him and the loss may be recovered from the Ex-Pradhan. Till date no enquiry has been conducted despite several applications submitted before District Magistrate. Last being one of 27.07.2023. Hence, a prayer has been made to direct the respondent no.2/District Magistrate, Azamgarh to consider and decide the complaint of the petitioner within stipulated period.

On the other hand, learned Standing Counsel submits that the petitioner/complainant has no right to file the instant petition, in view of 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 instant petition is dismissed as not maintainable.

However, it is open to the authorities concerned to proceed in accordance with law in case any misappropriation of funds have been done by the Ex-Pradhan in view of the judgment passed in the case of Shiv Kumar Patel vs. State of U.P. and others, reported in 2022(1) ADJ 681.

Order Date :- 22.8.2023

Kalp Nath Singh