Hemendra Veer Singh vs State Of U.P. And 5 Others
2023 Latest Caselaw 17186 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:138206
 
Court No. - 6
 

 
Case :- WRIT - C No. - 22043 of 2023
 

 
Petitioner :- Hemendra Veer Singh
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Chandra Shekhar Singh
 
Counsel for Respondent :- C.S.C
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Mr. Chandra Shekhar Singh, learned counsel for the petitioner and learned Standing Counsel for the State-respondent.

The writ petition has been filed to direct the respondent no.2 to decide application dated 13.03.2023 moved by the petitioner, within stipulated period.

Learned counsel for the petitioner submits that a complaint has been made before respondent no.2 regarding illegalities and irregularities done by the concerned Village Pradhan and Village Secretary but nothing has been done till date.

Learned Standing Counsel submits that petitioner being complainant has no locus to file such petition. Even otherwise, the writ petition has been filed with the single prayer to decide the representation, which is not maintainable.

In support of his submission, he has relied upon the Full Bench judgment of this Court in the case of Vivekanand Yadav v. State of U.P. and Another 2010(10)ADJ 1 (FB). He has also relied upon the judgement of Apex Court in case of A.P.S.R.T.C. & Ors. vs. G. Srinivas Reddy & Ors. reported in A.I.R. 2006 SC 1465, wherein it has been held that a writ with the prayer to decide the representation is not maintainable if there is no statutory provision for filing the representation. Reference may also be made to the judgement of this Court in the case of Daya Shankar Pande vs. State of U.P. and others, reported in 2001(1) AWC 671.

Accordingly, the writ petition is dismissed as not maintainable. Needless to say that the authorities concerned to proceed in accordance with U.P. Panchayat Raj Act, 1947 and U.P. Panchayat Raj (Removal of Pradhans, Up Pradhans and Members) Enquiry Rules, 1997 Act, to do needful, as expeditiously as possible, on the complaint of petitioner.

Order Date :- 12.7.2023

Rahul.