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2025 DAILYLAW 160527 (ALL)

SHREEKANT v. STATE OF U.P. THRU. PRIN. SECY. PANCHAYATI RAJ DEPTT. LKO. AND 6 OTHERS

WPIL/895/2025 · 2025-08-29

Manjive Shukla, Rajan Roy

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 895 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard Sri Anoop Vajpayee, learned counsel for the petitioner, learned Standing Counsel appearing for the respondent nos. 1 to 5 and Sri Dilip Kumar Pandey, learned counsel for the respondent no. 6. 2. The instant petition in the form of Public Interest Litigation has been filed seeking following main reliefs:- "(i) Issue a writ of mandamus directing the opposite party no. 2 (District Magistrate, District Hardoi) to order a preliminary enquiry by an officer not below the rank of Deputy Collector in accordance with the Government Orders dated 08.10.2001 and 28.02.2014 and the 1997 Rules, in the interest of justice. (ii) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties that if prima facie charges are established, formal suspension and removal proceedings be initiated against the Gram Pradhan as per law. (iii) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties to conduct an audit of all accounts of the Gram Panchayat for the relevant period by an independent agency." 3. The contention of learned counsel for the petitioner is that the respondent no. 7 has committed embezzlement of Government funds in different works carried out in village panchayat of Village- Gopalpur, Block- Ahirauri, District- Hardoi. It has further been submitted that in respect of the illegalities and embezzlement committed by the respondent no. 7, the Versus Counsel for Petitioner(s) : Anoop Vajpayee, Atul Kumar Yadav Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Shreekant .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Panchayati Raj Deptt. Lko. And 6 Others .....Respondent(s) petitioner has filed complaint along with his affidavit and requisite materials before the District Magistrate, District Hardoi but till date no action has been taken. 4. Learned counsel appearing for the petitioner has apprised to the Court that already a complaint has been submitted before the District Magistrate, District Hardoi, which is available at Page No. 38 of this writ petition but no action has been considered. 5. We have considered the arguments advanced by learned counsel for the petitioner and we find that a complaint has already been moved before the District Magistrate, Hardoi, therefore, we dispose of this writ petition with a direction to the District Magistrate, District Hardoi to look into the complaint filed by the petitioner and if it is in accordance with law then to take adequate remedial measures and to decide the said compliant by passing a speaking and reasoned order expeditiously, unless there is any legal impediment. It is made clear the we at all have not considered the merits of the allegation made in the complaint by the petitioner. August 29, 2025 Anuj Singh WPIL No. 895 of 2025 2 (Manjive Shukla,J.) (Rajan Roy,J.) Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench