Vijay Kumar Yadav vs State Of U.P. And 3 Others
2023 Latest Caselaw 27711 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:193924
 
Court No. - 6
 

 
Case :- WRIT - C No. - 29699 of 2023
 

 
Petitioner :- Vijay Kumar Yadav
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Sunil Sharma
 
Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Mr. Sunil Sharma, learned counsel for the petitioner, Mr. Bhupendra Kumar Tripathi, learned counsel for respondent no.3-Gram Sabha and learned Standing Counsel for the State-respondents.

The writ petition has been filed by the petitioner with the prayer to direct the respondent no.2-District Magistrate, District-Chandauli to decide the complaint dated 30.08.2022 alongwith affidavit moved by the petitioner in accordance with the provisions given under Section 95(1)(G) of U.P. Panchayat Raj Act, 1947 read with Rules, 3, 4, 5, 6 and 7 of the Uttar Pradesh Panchayat Raj (removal of Pradhan, UP-Pradhan and members) Enquiry Rules 1997, wherein initiate enquiry against the culprit persons/then Pradhan (respondent no.4) those have committed irregularities and misappropriation of the funds issued for constructing the 403 toilets in the village Panchayat Amilai, Vikas Khand Chahaniya, District-Chandauli during the year 2016 to 2021 under the 'Swacch Bharat Mission Gramin Yojna' during the pendency of the present writ petition before this Hon'ble Court.

Learned counsel for the petitioner submits that petitioner is a complainant who has filed this complaint petition against the then Gram Pradhan but no decision has been taken till date on the complaint filed by the petitioner.

Learned Standing Counsel submits that 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 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 misconceived and is dismissed.

Order Date :- 9.10.2023

Kalp Nath Singh