Rajesh Gautam vs State Of U.P. And 4 Others
2023 Latest Caselaw 34697 ALL

Allahabad High Court

Rajesh Gautam vs State Of U.P. And 4 Others on 11 December, 2023

Author: Manju Rani Chauhan

Bench: Manju Rani Chauhan

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:234623
 
Court No. - 6
 

 
Case :- WRIT - C No. - 33684 of 2023
 

 
Petitioner :- Rajesh Gautam
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Adeel Ahmad Khan
 
Counsel for Respondent :- C.S.C.,Ashish Kumar
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.
 

Heard learned counsel for the petitioner and learned Counsel for the State-respondents.

This writ petition has been filed by the petitioner with a prayer to direct the respondent no.3, i.e. District Magistrate, Maharajganj to take appropriate decision in the application dated 02.09.2023 filed by the petitioner within stipulated period after providing an opportunity of hearing to all concerned parties.

At the very outset, learned Standing Counsel has pointed out that a complaint has been filed by the petitioner-complainant against the Pradhan, who is resident of the same village. On the basis of which, enquiry has already been conducted. He further submits that the petitioner has no locus to file such compliant, 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.

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 :- 11.12.2023

Jitendra/-