Neutral Citation No. - 2025:AHC:53045 Court No. - 33 Case :- WRIT - C No. - 3807 of 2025 Petitioner :- Smt Samsheer Bee Respondent :- State of U.P. and Another Counsel for Petitioner :- Brijesh Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The petitioner has preferred this petition inter alia with the prayer to conclude the enquiry pending against the petitioner in pursuance of the order dated 29.1.2024 passed by the District Magistrate, Rampur under Section 95(1)G of U.P. Panchayat Raj Act, 1947. 3. The facts, in brief, are that financial and administrative powers of the petitioner being Pradhan of the village has been seized by the District Magistrate, Rampur, vide order dated 29.1.2024, copy whereof has been filed as annexure-6 to the writ petition. 4. Aggrieved against the aforesaid order, the petitioner has preferred a writ petition before this Court being Writ-C No. 5500 of 2024, in which the following order was passed:- "1. Heard Mr. B.K. Pandey, learned counsel for the petitioner and Mr. Ravindra Kumar Tripathi, learned Standing Counsel for the State. 2. In compliance of the earlier order dated 25.09.2024, instructions dated 03.10.2024 sent by District Panchayat Raj Officer, Rampur, is taken on record. 3. Learned Standing Counsel on the basis of instructions received, submitted that a final enquiry has taken place and report shall be submitted very soon, as such, one week time may be granted, so that, final enquiry report may be placed before this Court. 4. Considering the averment made in the instructions dated 03.10.2024, matter is adjourned for two weeks. 5. Put up this matter again in the additional cause list on 23.10.2024. 6. Learned Standing counsel shall intimate the status of final enquiry in the matter on the next date." 7. Aggrieved against the aforesaid order, the petitioner has preferred Special Appeal No. 243 of 2024 before this Court, which was disposed of by a Division Bench, vide judgement and order dated 12.3.2024. By the aforesaid judgment and order, the petitioner was directed to press the pending stay application before the learned Single Judge of this Court. 8. Pursuant to the aforesaid order, the earlier writ petition filed by the petitioner was listed before learned Single Judge of this Court on 24.7.2024, on which the following order was passed:- "1. List this matter on 7.8.2024 in top 10 cases showing the name of Mr. Maan Bahadur Singh as counsel for the complainant. 2. In the meantime, Mr. Ravindra Kumar Tripathi, learned Standing Counsel for the State respondents shall obtain instruction from the respondents about the status of final enquiry in pursuance of the impugned order passed against the petitioner." 9. Subsequent to the same, the matter was listed before learned Single Judge from time to time and lastly, it was listed on 4.10.2024, in which a direction was given to list the matter again on 23.10.2024. 10. It is argued that since the inquiry was not concluded pursuant to the order dated 29.1.2024, the petitioner has preferred the present writ petition with the prayer to direct the authorities to conclude the inquiry initiated against the petitioner. 11. It is further argued on the basis of paragraph 18 of the writ petition that according to Rule 8 of the U.P. Panchayat Raj (Removal of Pradhan, UP-Pradhan and Members) Enquiry Rules, 1997, "The enquiry officer shall conclude the enquiry within six months from the date of receipt of complaint". In this case, the complaint has been filed on 2.8.2023. 12. The instruction dated 27.3.2025 under the signatures of District Panchayat Raj Officer, Rampur is placed before this Court by learned Additional Chief Standing Counsel. It is stated in the aforesaid instructions that the inquiry report has already been submitted in the matter on 5.10.2024, in which it is found that certain financial irregularities have been committed by the petitioner to the extent of Rs. 5,01,176/- (Rupees Five lac one thousand one hundred seventy six only). 13. Pursuant to the aforesaid inquiry report, a show cause notice was issued to the petitioner by the District Magistrate, Rampur on 19.2.2025, copy whereof is also annexed along with aforesaid instructions. 14. Fact regarding submission of inquiry report dated 5.10.2024 and issuance of show cause notice by the District Magistrate, Rampur is that the petitioner has not placed the same on record. 15. In this view of the matter, the Court is of the opinion that during pendency of the earlier writ petition, the only remedy is available to the parties to move an appropriate application in pending writ petition. 16. The writ petition is wholly misconceived and is accordingly dismissed. 17. After the aforesaid order was dictated, the learned counsel for the petitioner has made a request that he may be permitted to withdraw the writ petition. 18. In view of the prayer made by learned counsel for the petitioner, the writ petition is dismissed as withdrawn. Order Date :- 9.4.2025 Faridul Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad