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2025 DAILYLAW 195524 (ALL)

ANUJ KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF PANCHAYATI RAJ U.P. LKO. AND 4 OTHERS

WRIC/11820/2025 · 2025-12-10

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11820 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Ajay Pratap Singh, the learned counsel for the petitioner and Sri Devendra Mohan Shukla, the learned Standing Counsel appearing on behalf for the State. 2. By means of the instant petition filed under Article 226 of the Constitution of India the petitioner has challenged the validity of an order dated 21.11.2025, passed by the District Magistrate, Barabanki whereby the financial and administrative powers of petitioner have been seized under Section 95 (1)(g) of U.P. Panchayat Raj Act, 1947. 3. As this court does not propose to examine the merits of the allegations the learned counsel for the opposite parties have stated that they do not propose to file a counter affidavit and learned counsel for the opposite parties stated they will advance their submissions in opposition of the writ petition orally. Accordingly, the petition is being disposed of finally 4. The learned counsel for the petitioner has submitted that in response to a show cause notice the petitioner had submitted a detailed explanation. Although the order dated 21.11.2025 makes a mention that the petitioner has submitted an explanation, the points raised by the petitioner in explanation have not been mentioned in the impugned order, what to say about the consideration of points before seizing the petitioner's administrative and financial powers. The aforesaid defect vitiates the impugned order dated 21.11.2025. Versus Counsel for Petitioner(s) : Puttan Singh, Ajay Pratap Singh Counsel for Respondent(s) : C.S.C. Anuj Kumar .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Panchayati Raj U.P. Lko. And 4 Others .....Respondent(s) 5. Accordingly, the petition is allowed. The impugned order dated 21.11.2025, passed by the District Magistrate, Barabanki is hereby quashed. The matter is remanded to the District Magistrate, Barabanki for passing order afresh after taking into consideration the pleas raised by the petitioner in her explanation. December 10, 2025 V. Sinha WRIC No. 11820 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench