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2025 DAILYLAW 14939 (ALL)

RAJIT RAM YADAV v. STATE OF U.P. AND 6 OTHERS

WPIL/256/2025 · 2025-03-18

Anish Kumar Gupta, Manoj Kumar Gupta

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:39085-DB Court No. - 21 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 256 of 2025 Petitioner :- Rajit Ram Yadav Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Prem Chand Saroj Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The instant petition has been filed purportedly in public interest for a direction to the State respondents to take action against persons responsible for misappropriation of public funds while carrying out various works at Gram Panchayat Kachhoura, Block Badlapur, Tehsil Badlapur, District Jaunpur. 2. It is alleged that Gram Pradhan as well as several Gram Pranchayat Officials, in collusion with each other, committed forgery and misappropriated public funds while executing various government works in the Gram Panchayat and therefore, action should be taken against them. 3. In compliance of previous order, learned Standing Counsel has placed on record the written instructions received from District Magistrate, Jaunpur, according to which, the respondents have issued notice to the petitioner on 28.1.2025, stating that his complaint in the form it has been filed, is not in consonance with U.P. Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997. Learned Standing Counsel points out that under Rule 3, the application has to be accompanied by affidavits of all persons from whom the complainant claims to have received information of facts relating to the accusations, verified before a notary, together with all documents in his possession or power pertaining to the accusations. 4. The notice issued to the petitioner on 28.1.2025 further mentions that in case the petitioner is interested in enquiry being held, he should file proper application, supported by relevant affidavits, as contemplated under the Rules, to facilitate enquiry against the persons against whom accusations have been made. 5. Having regard to the aforesaid stand, we abstain from issuing any direction at this stage and leave it open to the petitioner to file affidavits and documentary evidence so that further action is taken in the matter in accordance with law. 6. The petition stands disposed of accordingly. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 19.3.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad