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Neutral Citation No. - 2025:AHC:56043 Court No. - 33 Case :- WRIT - C No. - 41453 of 2024 Petitioner :- Smt Renu Devi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ritesh Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. Heard Sri Ritesh Kumar Singh, learned counsel for the petitioner. Learned Standing Counsel has accepted notice on behalf of respondents no.1 to 6. Ms. Vijeta Singh, learned counsel, put up her appearance on behalf of Committee President Vikas Kumar.
2. The petitioner has preferred present writ petition inter-alia with the following prayers :-
"I. Issue a writ, order or direction in the nature of CERTIORARI quashing the impugned orders dated 19.11.2024 passed by respondent no.2/District Magistrate, Mainpuri as well as order dated 27.11.2024 passed by respondent no.5/Block Development Officer, Block Kishni, District Mainpuri (Annexure No.4 and 5). II. Issue a writ, order or direction in the nature of MANDAMUS commanding the respondent authorities to release the financial and administrative rights in favour of petitioner."
3. After hearing counsel for the parties, following order was passed by this Court on 19.02.2025 :-
"1. It is submitted by learned counsel for the petitioner that the financial and administrative power of the petitioner has been seized by the impugned order.
Learned counsel for the petitioner submits that the objection has been raised against the petitioner in respect of nine works executed, however the completion certificate of eight have already been filed.
2. Learned counsel submits that once the completion certificate has been issued by the authorities that the work has been concluded as per the specification, then the responsibility would rest on the authority who have issued the completion certificate.
3. Learned Standing Counsel has not demonstrated that the completion certificate till date has been cancelled.Once a completion certificate has been issued in favour of the Pradhan for the work executed, then prima facie without the cancellation of the completion certificate and without punishing
the officers who have issued the incorrect completion certificate, the Pradhan cannot be single handedly be punished. In view of the aforesaid, learned Standing Counsel is hereby directed to bring on record the action taken against the officers who have issued the completion certificate and why F.I.R. has not been lodged against such officers who have issued incorrect completion certificate .
4. List on 16.04.2025 as fresh.
5. Till the next date, effect and operation of the impugned order dated 19.11.2024 passed by respondent no. 2/District Magistrate, Mainpuri as well as order dated dated 27.11.2024 passed by the respondent no. 5/Block Development Officer, Block Kishni, District Mainpuri shall remain stayed."
4. Pursuant to the aforesaid instructions dated 08.04.2025 was placed before the Court, same is taken on record.
5. Heard learned counsel for the parties and perused the records.
6. Since the enquiry has already been concluded the concerned, competent authority is directed to take a final decision in the matter most expeditiously and preferably within six weeks from today strictly in accordance with law.
7. Time till the final decision is taken, interim protection granted in favour of the petitioner on 19.02.2025 will continue.
Order Date :- 16.4.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad