Ovais vs State Of U.P. And 4 Others
2023 Latest Caselaw 23289 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:170863
 
Court No. - 6
 
Case :- WRIT - C No. - 23766 of 2023
 
Petitioner :- Ovais
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Ayub Khan
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Mr. Ayub Khan, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

This writ petition has been filed by the petitioner with a prayer to direct the respondents-authorities to establish a fresh enquiry team and make fair enquiry regarding the embezzlement of public money make by present Gram Pradhan/respondent no.5 and also stop the financial power of Gram Pradhan.

Learned counsel for the petitioner submits that a complaint was made against the present Gram Pradhan on 29.05.2023 and though the enquiry has been conducted, but the allegations as made by the petitioner in the complaint have not been dealt with. Therefore, a direction may be issued to the respondent-authorities to conduct afresh and fair enquiry.

On the other hand, learned Standing Counsel submits that the petitioner being complainant has no locus to file such petition, therefore, this petition is not maintainable. In support of his contention, he 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. Even otherwise, after following proper procedure as provided under the Uttar Pradesh Panchayat Raj Act, 1947 read with the Rules, 1997, enquiry has been conducted, therefore, no interference is required.

In view of the above, the petitioner being complainant has no locus to file the petition.

Accordingly, the writ petition is dismissed as not maintainable.

Order Date :- 24.8.2023

Jitendra/-