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2025 DAILYLAW 159898 (ALL)

JAHIRUL HASAN AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. NAGAR VIKAS LKO. AND 7 OTHERS

WRIC/8234/2025 · 2025-08-29

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8234 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned Counsel for the petitioners, who are five in numbers, learned Standing Counsel appearing on behalf of the respondent nos.1 to 6, and Shri Pankaj Verma, learned Counsel appearing on behalf of the respondent no.8. 2. This petition has been filed with the following main prayer:- "Issue a writ, order or direction in the nature of Mandamus directing to the opposite parties no. 2 to 6 to conduct a fair & proper enquiry as per law upon the complaint dated 17-09-2024, against the opposite party no. 7 & 8- which is annexed here as Annexure no.2 to this writ petition." 3. It has been submitted by learned Counsel for the petitioners that the petitioners are aggrieved against the financial and other irregularities of respondent no.7- Smt. Ujma Bee, the present Chairman of Nagar Panchayat Kheri, Lakhimpur Kheri, and the present Executive Officer, Nagar Panchayat, Kheri, Lakhimpur Kheri. They have submitted a detailed application to the Honourable Minister, Urban Development, with a copy to the Director, Local Bodies. The said complaint is not being considered and therefore this petition has been filed. 4. Learned Counsel appearing on behalf of respondent no.8 has produced Versus Counsel for Petitioner(s) : Prem Kumar Singh Counsel for Respondent(s) : C.S.C., Pankaj Verma Jahirul Hasan And 4 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Nagar Vikas Lko. And 7 Others .....Respondent(s) before this Court affidavits of petitioner nos. 3, 4, and 5, namely, Kadir Ahmad S/o Salim Ahmad, Mohammad Ubaid S/o Sri Mohammad Yakoob and Naseem Ahmad S/o Sri Jameel Ahmad, saying that they have withdrawn the complaint which had been filed under some misconception. Such affidavits are taken on record. 5. Since the petitioners have remedy under Section 48 of the U.P. Municipalities Act, 1916, the petitioners may approach the State Government instead of the Honourable Minister with their complaint within a week from today in the prescribed format for submitting such complaint. In case such a complaint is filed, a show-cause notice shall be issued to respondent no.7, and she shall be heard before any order is passed prejudicing her interest. 6. The writ petition is accordingly disposed of. August 29, 2025 Rahul WRIC No. 8234 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench