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2025 DAILYLAW 107240 (ALL)

DEVI PRASAD MISHRA v. State of UP AND 4 OTHERS

WRIC/38297/2024 · 2025-07-02

Ashwani Kumar Mishra, Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103573-DB Court No. - 40 Case :- WRIT - C No. - 38297 of 2024 Petitioner :- Devi Prasad Mishra Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Abhishek Kumar Chaubey,Raj Kumar Mishr Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. This writ petition is directed against an order passed by the District Magistrate, Jaunpur dated 8.10.2024 rejecting the petitioner's representation on the ground that no complaint referable to Rule 3 of the Uttar Pradesh Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997 (hereinafter referred to as the Rules of 1997) has been filed by the petitioner. 2. Sub-rule (1) and (2) of Rule 3 of the Rules of 1997 provide as under:- "3. Procedure relating to complaints.-(1) Any person making a complaint against a Pradhan or Up-Pradhan may send his complaint to the State Government or any officer empowered in this behalf by the State Government- (2) Every complaint referred to in sub-rule (1) shall be accompanied by the complainant's own affidavit in support thereof and also affidavits of all persons from whom he claims to have received information of facts relating to the accusation, verified before a notary, together with all documents in his possession or power pertaining to the accusation." 3. Alongwith the writ petition, the petitioner has annexed copy of a complaint made to the District Magistrate, Jaunpur alongwith which copy of a complaint sent to the State Government has been annexed. 4. We have perused the contents of the complaint, which appears to be vague and general in nature and calls for roving and fishing enquiry. In the facts of the case, we do not find any occasion to interfere with the order of the District Magistrate, Jaunpur, particularly when no proper complaint referable to Rule 3 of the Rules of 1997 is shown to have been made to the competent authority. 5. The writ petition is, accordingly, dismissed. Order Date :- 3.7.2025 sfa/ Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad