PRATHANA @ PRATHANA RAJAK v. STATE OF U.P. THRU. PRIN. SECY. PANCHAYAT RAJ LKO. AND 4 OTHERS
WRIA/3314/2025 · 2025-03-27
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130409 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130409 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:17606 Court No. - 3 Case :- WRIT - A No. - 3314 of 2025 Petitioner :- Prathana @ Prathana Rajak Respondent :- State Of U.P. Thru. Prin. Secy. Panchayat Raj Lko. And 4 Others Counsel for Petitioner :- Shanker Lal Pandey Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Shanker Lal Pandey, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Mohan Singh, learned counsel for the opposite party Nos.4 & 5.
2. By means of this writ petition, the petitioner has prayed for the following reliefs:-
"(i) to issue a writ, order or direction in the nature of mandamus thereby directing the opposite party No.2 to take necessary action on the forged proceeding of Panchayat Administrative Committee, Village-Katghar Pure Chauhan, District-Sultanpur (U.P.) dated 05.07.2024. (ii) to issue a writ, order or direction in the nature of mandamus thereby directing the opposite party Nos.2 to 5 to issue a fresh publication for inviting application for the post of Panchayat Sahayak/ Accountant-cum- Data Entry Operator in Gram-Pancyayat Village-Katghar Pure Chauhan, District-Sultanpur by adopting procedure & rules of the Government
Order dated 25.07.2021. (iii) to issue a writ, order or direction in the nature of mandamus commanding the opposite party No.2 for disposal of the application of the petitioner dated 15.01.2025 expeditiously within stipulate period of 2 months or as early as possible in the interest of justice."
3. Learned counsel for the petitioner has stated that the Panchayat Administrative Committee of Village-Panchayat Katghar Pure Chauhan, District-Sultanpur did not follow the selection procedure as prescribed in the Government Order dated 25.07.2021 (Annexure No.1) for appointment on the post of Panchayat Sahayak/ Accountant-cum-Data Entry Operator. He has further submitted that meeting dated 05.07.2024 of the Panchayat Administrative Committee, Village-Katghar Pure Chauhan, District-Sultanpur is totally forged and fake meeting inasmuch as only two candidates, namely, Preeti Devi and Praduman Kumar were shown in the merit list whereas in the said meeting forged signature/ thumb impression of the
Panchayat members have been shown and as soon as those members came to know about that forgery, they submitted their affidavits before the District Magistrate, Sultanpur but no proper decision has been taken by the District Magistrate, Sultanpur till date.
4. Having considered the submission of learned counsel for the petitioner, without entering into merits of the issue, I hereby dispose of this writ petition at the admission stage giving liberty to the petitioner to prefer a fresh representation to the District Magistrate, Sultanpur (opposite party No.2) taking all pleas and grounds which are available with him enclosing therewith the copy of this writ petition along with enclosures thereof within a period of fifteen days from today and if such representation is preferred by the petitioner, the District Magistrate, Sultanpur shall consider and dispose of the representation of the petitioner, strictly in accordance with law by a speaking and reasoned order, with expedition preferably within a period of three weeks from the date of presentation of a certified copy of this order along with representation and the decision thereof be intimated to the petitioner forthwith.
5. Since this Court has not entered into merits of the issue, therefore, the District Magistrate, Sultanpur may take appropriate action, if any, against the erring persons.
6. Accordingly, the instant writ petition is disposed of finally. . [Rajesh Singh Chauhan,J.]
Order Date :- 27.3.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench