Neutral Citation No. - 2025:AHC:80844 Court No. - 33 Case :- WRIT - C No. - 8296 of 2025 Petitioner :- Ratnesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raghvendra Singh,Sunil Kumar Counsel for Respondent :- C.S.C.,Rakesh Kumar Rathore Hon'ble Prakash Padia,J. 1. Order dated 11.11.2024 passed by the respondent no.2-District Magistrate, Mainpuri in terms of provisions as contained under Section 95 (1) (g) of U. P. Panchayat Raj Act, 1947, is under challenge, by which the financial and administrative power of the petitioner has been seized. 2. It is argued by the learned counsel for the petitioner that aforesaid order has been passed in complete violation of provisions as contained under 95 (1) (g) (i) of U. P. Panchayat Raj Act, 1947. 3. After hearing the learned counsel for the parties at great length on 08.05.2025, District Panchayat Raj Officer was directed to file his personal affidavit explaining the reasons that under what circumstances, order impugned has been passed without providing an opportunity of hearing to the petitioner. 4. It is stated in paragraph no.7 of the personal affidavit filed by him that till final decision is taken in the matter against the petitioner of financial irregularities, the financial and administrative powers of the petitioner has been seized. It is further stated that during final inquiry, the petitioner will be afforded full opportunity of hearing. Nothing has been stated in the entire personal affidavit regarding the facts that before the order impugned, notice or opportunity of hearing has not been provided to the petitioner. 5. In this view of the matter, this Court is of the prima facie opinion that impugned order has been passed in complete violation of provisions as contained under 95 (1) (g) (i) of U. P. Panchayat Raj Act, 1947. 6. This fact is also accepted by the learned Standing Counsel appearing on behalf of the State-respondents that impugned order has been passed in complete violation of principles of natural justice. 7. Heard learned counsel for the petitioner, learned Standing Counsel appearing on behalf of the State-respondents and perused the record. 8. In the facts and circumstances of the case and also in the interest of justice, the order dated 11.11.2024 passed by the respondent no.2-District Magistrate, Mainpuri is liable to be set aside and it is hereby set aside. 9.The present writ petition is allowed. 10.However, this order will not restrain the authority concerned to pass fresh order in accordance with law. Order Date :- 15.5.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad