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2025 DAILYLAW 163705 (ALL)

NEETU AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF URBAN DEVELOPMENT U.P. LKO. AND 3 OTHERS

WRIC/8914/2025 · 2025-09-15

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8914 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard learned Counsel for the petitioner and learned Standing Counsel. 2. The present petition has been filed challenging an order dated 08.07.2025 whereby, an appointment has been made by the District Magistrate in exercise of power under Section 12-J of the Uttar Pradesh Panchayat Raj Act after the death of the elected Gram Pradhan on 01.04.2025. 3. The neat submission of the Counsel for the petitioner is that it is incumbent that the view of the other members be taken before appointing any person under Section 12-J of the Act. Reliance is also placed on the judgement rendered in the case of Smt. Usha Singh vs District Magistrate and others: (1992) 1 UPLBEC 577. 4. Learned Standing Counsel based upon instructions states that the other members had given their no objection. 5. The order impugned does not reflect the views of any other members. Following the aforesaid judgement in the case of Smt. Usha Singh (Supra), the order impugned dated 08.07.2025 cannot be sustained and is quashed. 6. The matter is remanded to the District Magistrate concerned to pass fresh order after taking into consideration the views of the other members and recording the same in the order impugned that may be passed. While Versus Counsel for Petitioner(s) : Vinod Kumar Singh, Anurag Singh Counsel for Respondent(s) : C.S.C. Neetu And 2 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Urban Development U.P. Lko. And 3 Others .....Respondent(s) doing so, the status of the reservation shall also be taken into account in accordance with law. September 15, 2025 akverma WRIC No. 8914 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench