GANESH KUMAR SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. PANCHAYAT RAJ LKO AND 2 OTHERS
WRIC/10975/2025 · 2025-11-20
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 177679 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177679 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10975 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Aviral Srivastava, the learned counsel for the petitioner, Shri Sandeep Srivastava, the learned Standing Counsel for the State of U.P. and Shri Virendra Kumar Tiwari, the learned counsel for the respondent No.3. 2. By means of the instant petition, the petitioner has sought issuance of a direction to the respondent No.2-District Magistrate, Gonda to decide the petitioner's objections dated 03.10.2025 and to conduct an inquiry after giving an opportunity of hearing to the petitioner. 3. The objections dated 03.10.2025 have been filed by the petitioner against a preliminary inquiry report instituted on the basis of petitioner's complaint against the respondent No.3-Village Pradhan in which the allegations were not found to be established even prima facie. The petitioner has submitted that the inquiry report has been furnished without giving any opportunity to the petitioner to prove his allegations and it is an ex-parte inquiry. 4. Learned Standing Counsel has submitted that the disposal order dated 30.09.2025 specifically mentions that information was sent to the petitioner through registered post and he was asked to remain present in inquiry and to submit evidence but the petitioner did not appear and he did not submit any evidence. 5. Learned counsel for the respondent No.3 has submitted that it is mentioned in inquiry report that information was sent to the petitioner through WhatsApp also but the petitioner did not participate in inquiry. 6. A copy of the preliminary inquiry report has been provided by the learned counsel for the respondent No.3 which show that it is a detailed inquiry report and various photographs are also there in it showing that the works in question had been done. 7. In these circumstances, when a preliminary inquiry has already been conducted and Versus Counsel for Petitioner(s) : Aviral Srivastava Counsel for Respondent(s) : C.S.C. Ganesh Kumar Srivastava .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Panchayat Raj Lko And 2 Others .....Respondent(s)
a detailed preliminary inquiry report has already been submitted and it appears that the petitioner was given an opportunity of participating in the inquiry which opportunity he did not avail, no legally enforceable right of the petitioner has been violated warranting interference by this Court in exercise of its writ jurisdiction. 8.
Accordingly, the petition lacks merit and the same is hereby dismissed. November 20, 2025 -Amit K- WRIC No. 10975 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench