SHAILESH KUMAR TIWARI v. STATE OF UTTAR PRADESH AND 4 OTHERS
WPIL/2742/2025 · 2025-10-28
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 171976 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 171976 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2742 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J.
1. This petition has been filed labelled as Public Interest Litigation seeking a direction to the respondents to conclude the inquiry for the purpose of imposing surcharge against respondent no. 5 and required to pay the amount misused, lost and wasted pertaining to the Gram Sabha. 2. The allegations have been made that the community toilet, Panchayat Bhawan, Khadanja and interlocking work was done on Gata No. 404 which was recorded as manure pit and as no construction can take place over the land earmarked for manure pit, the amount spent was required to be recovered from the Gram Panchayat. 3. Based on the complaints made in this regard, the District Panchayat Raj Officer, by order dated 21.02.2025, required the District Accounts Audit Officer, Cooperative Society and Panchayats, Kushi Nagar to hold an inquiry and give a report. 4. By order of this Court dated 11.09.2025, respondents were directed to inform the status of the inquiry pursuant to which, instructions have been produced along with the report of the inquiry officer dated 09.06.2025 wherein, it has been indicated that as all the work by the Gram Sabha is undertaken after the work has been approved by the Gram Sabha and presently from the constructions undertaken, the villagers are being benefited, in the opinion of the officer, the proceedings for recovery was not required. Versus Counsel for Petitioner(s) : Alok Tiwari, Kaushal Kishore Mani Counsel for Respondent(s) : A.C.S.C. Sudhanshu Srivastava, Anand Pal Singh Shailesh Kumar Tiwari .....Petitioner(s) State of Uttar Pradesh and 4 others .....Respondent(s)
5. Learned counsel for the petitioner made submissions that the inquiry officer did not hold the inquiry at all as statements of none of the villagers were recorded. 6. We have considered the submissions made and have perused the material available on record including the order passed by the inquiry officer. 7. The inquiry officer who is District Accounts Audit Officer has opined on the fundamental aspect of the matter that though the construction has been allegedly made at a place earmarked for manure pit as the same has been undertaken after approval from the Gram Sabha and is being used by the villagers, the proceedings for recovery were not required. 8.
Once the fundamental aspect of the matter has been decided by the authority regarding holding of the inquiry, thereafter, apparently there was no necessity to record the statement of the villagers. 9. In view of above fact situation and the observations made by the inquiry officer dated 09.06.2025, we do not find any reason to continue with the present PIL, the same stands disposed of. October 29, 2025 Sandeep/AKShukla WPIL No. 2742 of 2025 2 (Kshitij Shailendra,J.) (Arun Bhansali,CJ.) Digitally signed by :- SANDEEP KUMAR High Court of Judicature at Allahabad