Manoj Kumar vs State Of U.P. And 2 Others
2023 Latest Caselaw 28129 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:195970
 
Court No. - 6
 

 
Case :- WRIT - C No. - 13832 of 2023
 

 
Petitioner :- Manoj Kumar
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Ramanuj Tripathi,Krishna Dev Mishra
 
Counsel for Respondent :- C.S.C.,Atul Kumar Singh,Krishna Kant Singh
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Mr.Ramanuj Tripathi, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

This writ petition has been filed by the petitioner with a prayer to direct the respondent no.2 to seize the financial and administrative powers and functions of the respondent no.3 in pursuance of the final enquiry as well as show cause notice dated 17.03.2023 and a further prayer to direct the respondent no.2 to constitute three members committee for exercising and performing the functions of Pradhan of Gram Panchayat Kaka Vegpur, Block-Gangiri, Tehsil-Atrauli, District-Aligarh.

At the very outset, learned Standing Counsel 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.

Even otherwise, learned Standing Counsel, on the basis of instructions, submits that the enquiry has already been conducted on the complaint made by the petitioner.

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 :- 11.10.2023

Jitendra/-