HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9589 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Hemant Kumar Mishra, the learned counsel for the petitioner, Sri S.K. Khare, the learned Standing Counsel appearing on behalf of the State, Sri Anupam Singh, the learned counsel for the opposite party no.7 (complainant) and perused the records. 2. By means of the instant writ petition filed under Article 226 of Constitution of India the petitioner has challenged the validity of an order dated 15.09.2025, passed by the District Magistrate, Unnao whereby financial and administrative powers of the petitionerr as Gram Pradhan have been seized under Section 95 (1)(g) U.P. Panchayat Raj Act and a final enquiry has been instituted to enquire into the allegations against him. 3. The proceedings against the petitioner have been instituted on the basis of a complaint of the opposite party no.7/former Village Pradhan who has held the position for almost two decades alleging that the submersible water pumps have been put in boring from government money and the same is put to private use. During preliminary enquiry the petitioner was given a show cause notice and he has submitted his reply dated 18.03.2025 stating that the Village Pradhan-the petitioner has requested the villagers to remove the submersible pumps from government hand pumps but no grievance in this regard was raised by any villager. In this Versus Counsel for Petitioner(s) : Hemant Kumar Mishra, Abhishek Mishra, Arti Ganguly Counsel for Respondent(s) : C.S.C., Prabhakar Pandey Avinesh Kumar Yadav .....Petitioner(s) State Of U.P. Thru. Chief Secy. Govt. Of U.P. Lko. And 6 Others .....Respondent(s) regard the complainant-Munnu Singh/opposite party no.7 himself is using government hand pump by putting a submersible water pump in it. He stated that Munnu Singh is the only person who is making complaints against the petitioner and no other person from the population of 6500 in the village in question has any complaint against the petitioner. Petitioner has also alleged that the complainant/opposite party no.7 has illegally encroached upon the land of gram sabha for the past twenty years and in spite of complaint being made to higher authorities no action has been taken against him. The petitioner further stated that copy of preliminary report, technical report and list of persons who have put submersible water pumps in the government hand pumps has not been made available to him. He stated that the complainant himself is committing illegality by putting submersible pump in government hand pump and putting the same in his personal use. 4. The learned Standing Counsel was granted time to seek specific instructions on the point as to what action has been taken against the complainant upon the aforesaid facts having come to light in the reply of the petitioner. The learned Standing Counsel has stated that since no formal complaint has been made against the complainant no action has been taken against him. A copy of written instructions is taken on record. 5. When the petitioner has specifically stated in his reply that the complainant, who has held the office of Gram Pradhan for four consecutive terms has encroached upon the gram sabha land and he has put submersible pump in the government hand pump and is putting the same to his private use and yet the authorities have chosen not to take any action against the former village Pradhan, action of the authorities in seizing the financial and administrative powers of the petitioner indicates arbitrariness, favouritism and discrimination which vitiates the action. 6. Accordingly, the petition is partly allowed. The impugned order dated 15.09.2025, passed by the District Magistrate, Unnao so far as it seizes the financial and administrative powers of the petitioner WRIC No. 9589 of 2025 2 is hereby quashed. Necessary consequences shall follow. 7. It is clarified that the portion of the order instituting enquiry against the petitioner has not been interfered with and the enquiry shall be concluded in accordance with law after giving due opportunity of hearing to the concerned parties, subject of course to the cooperation by the petitioner. 8. It is expected that the State Authorities shall take cognizance of the allegations made by the petitioner in his explanation to the effect that the opposite party no.7 has encroached upon the gram sabha land and he has also put a submersible water pump in a government hand pump and is putting the same to his private use and shall take requisite action in this regard in accordance with law. October 14, 2025 Ram. WRIC No. 9589 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench