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2025 DAILYLAW 179536 (ALL)

SHRI KAMLESH KUMAR ARYA v. STATE OF U.P. THRU. PRIN. SECY. URBAN DEVELOPMENT DEPTT. LKO. AND 3 OTHERS

/11781/2025 · 2025-12-04

Amitabh Kumar Rai, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11781 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State Respondents and Sri Akash Sinha, Advocate who has filed his vakalatnama on behalf of the respondents no.3 & 4, which is taken on record. 2. This writ petition has been filed with the following main prayers:- "I. Issue a writ, order or direction in the nature of Mandamus commanding respondent nos. 1 and 2 and/or any other competent authority, as this Hon'ble Court may deem fit, to: a) Inform and disclose to the petitioner, by means of a reasoned and speaking order, what decision has been taken on his complaint dated 09.08.2024 (Annexure-1) and on the inquiry report submitted by the committee constituted by the District Magistrate, Bahraich, in which the petitioner participated; and b) Place on record before this Hon'ble Court the action taken report/fate of the said inquiry, including whether the allegations were found proved or not and what consequential steps, if any, have been taken. Versus Counsel for Petitioner(s) : Agendra Sinha Counsel for Respondent(s) : C.S.C., Akash Sinha Shri Kamlesh Kumar Arya .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Urban Development Deptt. Lko. And 3 Others .....Respondent(s) II. Direct the competent authority that, upon consideration of the inquiry report and the petitioner's complaint and representations, it shall, if the allegations are found to be substantiated, take appropriate departmental, civil and/or criminal action against all officials/persons found responsible for any financial Irregularities, misappropriation of funds, manipulation of records or other Illegalities in Nagar Panchayat Risia, District Bahraich, strictly in accordance with law, and submit a compliance report within a time-bound period as may be fixed by this Hon'ble Court. III. Direct the respondents to ensure that all future works and expenditures in Nagar Panchayat Risia are carried out strictly in accordance with statutory provisions, financial rules, technical standards and government guidelines, and that proper monitoring, audit and vigilance mechanisms are put in place to prevent recurrence of such irregularities. IV. Pass such other and further order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case to secure the ends of justice." 3. It is the case of the petitioner that the petitioner has made a complaint to the District Magistrate against the functioning of the respondent no.4 on which a Four Member Inquiry Committee was constituted as is evident from annexure-2, which is a notice issued to the petitioner to appear before the Inquiry Committee and place its case. 4. It has been submitted that the petitioner appeared and placed all relevant documents before the Four Member Inquiry Committee, but he has not been given a copy of the report of such inquiry committee, and therefore, he does not know what happened to his complaint.Hence this writ petition has been filed. 5. Accordingly, the writ petition is disposed of without entering into the merit of the controversy with a direction to the respondent no.2 to provide a copy of the report, if any, made by the Four Member Inquiry Committee, in pursuance of the order passed on 09.09.2024. The WRIC No. 11781 of 2025 2 petitioner has already filed a representation in this regard, but we find that it is addressed to the Hon'ble Chief Minister to the State. The petitioner shall file a fresh application before the District Magistrate within one week. On receipt of such application the District Magistrate shall provide a copy of the Inquiry Report, if any, within a period of four weeks, thereafter. December 4, 2025 Darpan Sharma WRIC No. 11781 of 2025 3 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench