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2025 DAILYLAW 102712 (ALL)

TEJPAL AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

WRIC/34679/2025 · 2025-10-05

Arun Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34679 of 2025 Court No. - 6 HON'BLE ARUN KUMAR, J. 1. Heard Sri Pankaj Baranwal, holding brief of Sri Manoj Kumar Gautam, learned counsel for the petitioners, learned Standing Counsel for the respondent nos.1 and 2 and learned counsel for the respondent no.3. 2. It is contended by learned counsel for the petitioners that a complaint was filed against Gram Pradhan of Village Dhanoura Tikri, Block Binoli, Tehsil Baraut, District Baghpat before the respondent no.2 to proceed under the provisions of the U.P. Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997. On the said application, notices were issued against the Pradhan on 27.7.2023. After conducting an enquiry, order dated 22.8.2023 was passed by the District Magistrate concerned with warning to the Pradhan to carry out his duties and responsibilities in accordance with the provisions as contemplated under the Act, 1997. 3. The petitioners again move an application on 30.8.2024 on the same allegation before the respondent no.2. The present writ petition has been filed for seeking a direction upon respondent no.2 to take action on their fresh representation dated 30.8.2024. 4. After perusing the records, this Court finds that on the same allegations an enquiry was earlier conducted by respondent no.2, pursuant to which, an order dated 22.8.2023 was passed, which was not challenged by the petitioners. Their subsequent application dated 30.8.2024 on the same allegation is unsustainable. Versus Counsel for Petitioner(s) : Manoj Kumar Gautam Counsel for Respondent(s) : Arun Kumar Pandey, C.S.C. Tejpal And 2 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 5. In view of the aforesaid facts, no writ of mandamus can be issued to the respondent no.2 to conduct repeated enquiries for the same allegations at the behest of the petitioners. In such circumstances, the writ petition lacks merit and is dismissed. October 6, 2025 Anil WRIC No. 34679 of 2025 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad