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Neutral Citation No. - 2025:AHC:52311 Court No. - 33 Case :- WRIT - C No. - 8652 of 2025 Petitioner :- Prem Babu Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anil Kumar Dubey,Chandra Bhan Dubey Counsel for Respondent :- C.S.C.,Sher Bahadur Singh Hon'ble Prakash Padia,J.
1. The petitioner has preferred present petition with the following prayer:-
" 1. Issue a writ order or direction in the nature of mandamus directing the respondent concerned to enforce and comply with the show cause notice dated 10.3.2021 issued against the respondent no. 4 and take suitable action against the respondent no.4 and 5 with regards to misappropriation of funds of Gram Sabha within some specific period as this Hon'ble Court may deem fit and proper, so that justice may be done."
2. It is argued by learned counsel for the petitioner that various irregularities were committed by the respondent no.5, namely; Smt. Haseena Begum, who was Ex-Gram Pradhan of Village Aurangabad, Block and Tehsil Faridpur, District Bareilly. A show cause notice was issued by the District Panchayat Raj Adhikari, Bareilly on 10.3.2021 to him and since no action was taken on the same, the petitioner being a villager of the same village and also a social worker filed a Civil Suit against the Gram Pradhan and various other persons which was numbered as Civil Suit No.813 of
2021. The said suit was dismissed by the Additional Civil Judge (Senior Division), Court No.5, Bareilly vide judgment and decree dated 20.12.2024 on the ground that the Court below has no territorial jurisdiction to hear such kind of matter. 3. It is argued by counsel for the petitioner that in spite of the said, a show cause notice was issued on 10.3.2021 by the District Panchayat Raj Officer, District Bareilly to the respondent no.5, till date no action has been taken, hence, the present writ petition. 4. Though, a writ of mandamus has been sought for by the petitioner in the present writ petition but nothing has been stated
that any point of time, any representation was made by the petitioner before the authorities in this regard or not. 5. Now, this submission is well settled that in case the petitioner approach before this Court for issuance of mandamus before approaching the authorities and in case no proper action has been taken only then he should approach this Court.
Nothing has been stated in the entire writ petition nor any argument has been raised at any point of time that the petitioner has submitted any representation to the application before the State Authorities for taking action against the respondent no.5 pursuant to the show cause notice dated 10.3.2021. 6. In view of the above, the Court is of the opinion that it is not a fit case for issuance of writ of mandamus directing the respondents to conclude the proceedings initiated by them against the respondent no.5. 7. Apart from the same, the petitioner is only social worker, nothing has been stated in the entire writ petition that what prejudice caused to him in case no further action has been taken against the respondent no.5. 8. In view of the above, this petition is dismissed. 9. Registrar (Compliance) is directed to communicate copy of this
order to the District Magistrate, Bareilly for communicating the same to the respondent no.5.
10. After the aforesaid order was dictated, a prayer has been made by learned counsel for the petitioner to dismiss the present writ petition with liberty to approach the authority concerned.
11. Prayer made is allowed.
12. Petition is dismissed with the liberty as prayed by counsel for petitioner.
Order Date :- 8.4.2025 Mukesh Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad