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2025 DAILYLAW 41413 (ALL)

KM RINKI v. STATE OF U.P. AND 4 OTHERS

WRIC/11091/2025 · 2025-04-15

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55684 Court No. - 33 Case :- WRIT - C No. - 11091 of 2025 Petitioner :- Km Rinki Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Brajesh Kumar Singh,Sheikh Moazzam Inam Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondent No. 1 to 4. 2. In view of the order proposed to be passed today, notices need not be issued to the Respondent No. 5. 3. Order dated 05.02.2025 passed by respondent no.2-District Magistrate, Firozabad by which the administrative and financial power of the petitioner has been ceased is under challenge in the present writ petition. 4. Apart from various other grounds one of the ground has been taken in the writ petition is that impugned order is based on non application of mind and is in teeth of Full Bench judgement of this Hon'ble Court in the case of Vivekanand Yadav Vs. State of U.P. and another reported in 2011 (29) LCD 221 in which Full Bench of this Court held that the explanation and point of view or the version to the charges by the Pradhan should be obtained and considered before seizing administrative and financial power of Village-Pradhan. 5. While going through the order impugned, the Court is more than satisfied that the reply of the show cause notice submitted by the petitioner was not at all taken into consideration and in one word namely " पधधन दधरध ददयध गयध सपषषकरण ससततषजनक नहह हह।" reply was rejected. 6. In this view of the matter, the Court is of the opinion that the order impugned has been passed in complete violation of principles of natural justice. 7. This fact is also very fairly admitted by the learned Standing Counsel. 8. With the consent of learned counsel for the parties, present writ petition is being disposed of at the admission stage. 9. In the facts and circumstances of the case, respondent no.2, District Magistrate, Firozabad is directed to pass fresh order after taking into consideration the reply submitted by the petitioner strictly in accordance with law within a period of four weeks from today. The order impugned will be abide by the fresh decision taken by the respondent no.2. 10. Registrar (Compliance) is directed to communicate copy of this order to the respondent no.2-District Magistrate, Firozabad within 24 hours. Order Date :- 16.4.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad