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2025 DAILYLAW 58157 (ALL)

RAM BARAN v. STATE OF U.P. AND 4 OTHERS

WRIC/15323/2025 · 2025-05-14

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80227 Court No. - 33 Case :- WRIT - C No. - 15323 of 2025 Petitioner :- Ram Baran Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajiv Dwivedi Counsel for Respondent :- Achal Singh,C.S.C. Hon'ble Prakash Padia,J. 1. Heard Sri Rajiv Dwivedi, learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 to 4 and Sri Achal Singh, learned counsel for respondent No.5. 2. The petitioner has preferred the present petition with the prayer to direct the District Magistrate, Chitrakoot / respondent No. 2 to take appropriate action on the complaint of the petitioner and initiate the enquiry against the irregularities of Ex-Village Pradhan of Village Panchayat:-Rukma Khurd, Block:-Manikpur, District:- Chitrakoot in pursuance of the letter dated 29.09.2020 issued by Project Director, District Rural Development Agency. Chitrakoot. 3. Facts in brief as contained in the writ petition are that earlier a Complaint No. 20017120005950 has been made by the petitioner on 21.09.2020 in Jan Sunwal before the District Magistrate, Chitrakoot that a CC Road constructed in Chamraudi Purwa, Gram:-Rukma Khurd, Vikas Khand:-Manikpur, District: Chitrakoot under the scheme of District Rural Development Agency through M.L.A. Fund of Rs. 5 Lacs and Rs.3.75 Lacs has been sanctioned from Allahabad U.P. Gramin Bank, Branch:- Sonepur in Account No. 12290100027186 which was operated Gram Panchayat:-Rukma Khurd, Vidhayank Nidhi and the aforesaid money, i.e., Rs. 3.75 Lacs was withdrawn by Ex-Village Pradhan Shri Satya Narayan and Village Secretary Shri Rajesh Kumar. In this regard, a Report dated 20.09.2020 has been submitted by Junior Engineer, District Rural Development Agency, District: Chitrakoot before Project Director. District Rural Development Agency. District:-Chitrakoot, copy of the same is appended as Annexure No.2 of the writ petition. Thereafter on 29.09.2020, a letter was written by the Project Director, District Rural Development Agency, District:-Chitrakoot and directed to the respondent no.3/District Panchayat Raj Officer, Chitrakoot to recover the government funds of Rs. 3,07,030/- from Ex-Village Secretary, Shri Rajesh Kumar, Gram Panchayat:-Rukma Khurd, Vikas Khand:-Manikpur, presently posted Assistant Development Officer, Vikas Khand Mau, District Chitrakoot. Since no action was taken, the petitioner again moved an application in respect of irregularities committed by the Ex Village Pradhan of Gram Sabha-Rukma Khurd, Block:-Manikpur. District:-Chitrakoot on 19.03.2025 before the respondent no. 2/District Magistrate, Chitrakoot to conclude the enquiry against Ex-Village Pradhan and Village Secretary of Village Panchayat: Rukma Khurd. Block:- Manikpur, District:-Chitrakoot in pursuance of the letter dated 29.09.2020 issued by the Project Director, District Rural Development Agency. Chitrakoot, copy of the aforesaid application/complaint is appended as Annexure No.1 to the writ petition. 4. It is argued by learned counsel for the petitioner that considerable time has already been lapsed but till date no final decision has been taken in the matter. 5. Heard learned counsel for the parties and perused the record. 6. From perusal of the record, it transpires that earlier a complaint was made on 21.09.2020 in Jan Sunwal before the District Magistrate, Chitrakoot. On the said complaint, certain directions were given on 20.09.2020. Thereafter a report was submitted on 20.09.2020 by Junior Engineer, District Rural Development Agency, District: Chitrakoot before Project Director District Rural Development Agency and the Project Director wrote a letter dated 29.09.2020. Nothing has been stated in the entire writ petition nor any arguments have been raised by learaned counsel for the petitioner that under what circumstances he has made fresh representation after more than four and half year by the petitioner, i.e., on 19.03.2025 and nothing has been stated in the writ petition nor any arguments have been made explaining the latches in filing the aforesaid application and what prejudice has been caused to the petitioner. 7. In this view of the matter, the Court is of the opinion that the petition lacks merits and the same is liable to be dismissed. 8. Accordingly, the present petition is hereby dismissed. No order as to costs. Order Date :- 15.5.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad