Rajesh Kumar Singh vs State Of Uttar Pradesh And 5 Others
2023 Latest Caselaw 27718 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:193622
 
Court No. - 6
 
Case :- WRIT - C No. - 28951 of 2023
 
Petitioner :- Rajesh Kumar Singh
 
Respondent :- State Of Uttar Pradesh And 5 Others
 
Counsel for Petitioner :- Santosh Kumar Shukla,Harbansh Prasad Pandey
 
Counsel for Respondent :- C.S.C.,Azad Rai
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Mr. Santosh Kumar, learned counsel for the petitioner, Mr. Azad Rai, learned counsel for the respondent no.4 and Ms. Anuradha Sundaram, learned Additional Chief Standing Counsel for the State-respondents.

This writ petition has been filed by the petitioner with a prayer to direct the District Magistrate, Prayagraj to take final decision in pursuant of the complaint moved by the petitioner dated 12.12.2020 and a further prayer to direct the respondent no.6 to conduct the proper enquiry by obtaining vouchers and bills from the concerned Secretary of Gram Panchayat-Juhi, Block-Shankar Garh, District-Prayagraj.

Learned counsel for the petitioner submits that the petitioner is a complainant on whose compliant, though the enquiry has been conducted, but final order has not been passed till date.

Learned Standing Counsel as well as learned counsel for the respondent no.4-Gaon Sabha 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.

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 :- 9.10.2023

Jitendra/-