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2025 DAILYLAW 51241 (ALL)

RAM NARESH TRIPATHI v. STATE OF U.P. AND 6 OTHERS

WRIC/13412/2025 · 2025-04-30

Kshitij Shailendra

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:68653 Court No. - 33 Case :- WRIT - C No. - 13412 of 2025 Petitioner :- Ram Naresh Tripathi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ram Naresh Shukla,Ram Pratap Yadav,Rishabh Shukla Counsel for Respondent :- C.S.C. Hon'ble Kshitij Shailendra,J. 1. Heard Shri R.P. Yadav, learned counsel for the petitioner and learned Standing Counsel for the respondents no.1 to 5 and 7. 2. Learned counsel for the petitioner submits that pursuant to an order passed by this Court in a Public Interest Litigation, the District Magistrate, Banda was directed to look into the matter of embezzlement of public money by the respondent no.6, whereafter, the District Magistrate passed an order directing recovery of amount from the respondent no.6, however, in appeal, the Commissioner has set aside the order of the District Magistrate. 3. Various other submissions have been made pointing out alleged infirmities in the order of the Commissioner and it is submitted that he has not looked into the material on record before exonerating the respondent no.6. 4. Learned Standing Counsel submits that the Commissioner has not closed the chapter forever, rather he has remanded the matter to the District Magistrate for passing a fresh order and, therefore, no interference be made in the order of remand. 5. Considering the submissions made and analysis made by the District Magistrate as well as Commissioner, this Court is not inclined to either stay the order impugned or even invite response from the respondents, inasmuch as the District Magistrate has to pass a fresh order pursuant to the order impugned dated 10.03.2025. 6. At this stage, learned counsel for the petitioner has pressed his second prayer and submits that the District Magistrate may be directed to pass requisite order within a stipulated period of time. 7. Learned Standing Counsel has no objection this prayer. 8. The writ petition is, accordingly, disposed of directing the District Magistrate, Banda to conclude the proceedings pursuant to the impugned order dated 10.03.2025 passed by the Commissioner, Chitrakoot Dham and pass a reasoned and speaking order strictly in accordance with law and in the light of Commissioner's order on or before 31.08.2025 after providing full opportunity of hearing to the respondent no.6, provided a true attested copy of this order is filed before the District Magistrate, Banda alongwith copy of Commissioner's order within ten days from today. Order Date :- 1.5.2025 AKShukla/- Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad