Tej Pratap Bind vs State Of U.P. And 5 Others
2023 Latest Caselaw 17984 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:142776
 
Court No. - 6
 

 
Case :- WRIT - C No. - 23117 of 2023
 

 
Petitioner :- Tej Pratap Bind
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Rajeev Giri
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Mr. Rajeev Giri, learned counsel for the petitioner and learned Standing Counsel for the State-respondent.

The writ petition has been filed by the petitioner with prayer to direct the respondent nos.3,4, and 5 to complete the inquiry in compliance of order dated 03.05.2023 passed by respondent no.2 on the complaint of petitioner dated 05.04.2023 and further prayer to direct the respondent no.2 to take appropriate action against the Gram Pradhan and other responsible officers.

Learned Standing Counsel has raised a preliminary objection that the petitioner is a complainant in the matter, therefore, being complainant petitioner 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.

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 contemplated in the Act of U.P. Panchayat Raj Act, 1947 and U.P. Panchayat Raj (Removal of Pradhans, Up Pradhans and Members) Enquiry Rules, 1997 Act, as expeditiously as possible.

Order Date :- 18.7.2023

Rahul.