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2025 DAILYLAW 21087 (ALL)

JAGDISH v. STATE OF UP AND 4 OTHERS

WRIC/5192/2025 · 2025-03-09

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34531 Court No. - 33 Case :- WRIT - C No. - 5192 of 2025 Petitioner :- Jagdish Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Ashish Kumar Singh,Mool Chandra Maurya Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State. 2. The writ petition is filed with the following prayer: "a. Issue a writ, order or direction in the nature of certiorari to call for the record quash and set aside the order dated 07.02.2025 (Annexure No.1) passed by Respondent No.2 District Magistrate, Kasganj. b. Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities particularly Respondent No.2 District Magistrate, Kasganj not to interfere in peaceful functioning of the petitioner as Gram Pradhan of Village Panchayat Singpur, Vikas Khand Sidhpura, Kasganj." 3. It is submitted by learned counsel for petitioner that financial administrative power of petitioner has been seized by impugned order without considering the reply of petitioner. Learned counsel for petitioner submits that in respect of objection raised by respondent authority specific reply has been preferred giving details of the account and the amount, wherever the work has been done explanation has been provided, however, perusal of impugned order would go to show that there is no application of mind. There is no consideration of reply submitted by petitioner that the same has not been found to be satisfactory. 4. Learned Standing Counsel submits that there is defect in the impugned order and the matter may be remanded back to the authority concerned. 5. Learned counsel for petitioner has no objection. 6. In view of above, the impugned order dated 7.2.2025 passed by respondent No.2-District Magistrate, Kasganj is hereby set aside and the matter is remanded back to the District Magistrate, Kasganj to pass afresh order after giving opportunity of hearing to the petitioner. 7. Accordingly, the writ petition is allowed. Order Date :- 10.3.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad