Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 100443 (ALL)

DHARAMCHANDRA TRIPATHI v. STATE OF U.P. AND 4 OTHERS

WRIC/33780/2025 · 2025-09-23

Prakash Padia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33780 of 2025 Court No. - 6 HON'BLE PRAKASH PADIA, J. 1. The petitioner is a complainant. On the complaint made by the petitioner the proceedings were initiated against the Gram Pradhan of the village namely Smt. Madhuri, under section 95(1)(g) of the U.P. Panchayat Raj Act, 1947. In the aforesaid proceedings an order dated 03.09.2025 was passed by the respondent no. 3/District Magistrate, Siddharth Nagar by imposing certain conditions the financial and administrative power of the gram pradhan was restored. 2. Aggrieved against the same the petitioner has preferred the present petition. Nothing has been stated in the entire writ petition nor any argument has been raised that why the petitioner has been aggrieved against the aforesaid order. 3. After going through the record, it appears that the petitioner is only the complainant, hence the Court is of the opinion that the present petition is not maintainable in view of the law laid down by The Hon'ble Supreme Court in case of Jasbhai Motibhai Desai Vs. Roshan Kumar, Haji Bashir Ahmed reported in 1976 (1) SCC 671 that a stranger who is not an aggrieved person cannot maintain a Writ for either Certiorari or Mandamus. 4. The same view was again taken by the Madras High Court in the case of Eswari vs. Chief Secretary of Government of Versus Counsel for Petitioner(s) : Ashutosh Mishra Counsel for Respondent(s) : C.S.C. Dharamchandra Tripathi .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) Tamilnadu and others in Writ Petition No.27298 of 2021 decided on 25.1.2023. 5. Accordingly, the writ petition is dismissed as not maintainable. (Prakash Padia,J.) September 24, 2025 Arti WRIC No. 33780 of 2025 2 Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad