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2025 DAILYLAW 58259 (ALL)

KAMLESH KUMAR v. STATE OF U.P. AND 4 OTHERS

WRIC/15336/2025 · 2025-05-14

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80613 Court No. - 33 Case :- WRIT - C No. - 15336 of 2025 Petitioner :- Kamlesh Kumar 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 22.09.2020 issued by Deputy Chief Officer, Panchayat Raj Department, Chitrakoot. 3. Facts in brief as contained in the writ petition are that the petitioner moved an application regarding the irregularities committed by the Ex Village Pradhan namely Satya Narayan of Gram Sabha: Rukma Khurd, Block Manikpur, District:-Chitrakoot on 03.09.2020 before the respondent No.2/District Magistrate, Chitrakoot with the prayer to conduct an enquiry against the Ex Village Pradhan and Ex-Secretary for a scheme BRGF (Pichhda Kshetra Anudan) for construction a Road and Drainage at Belauhanpurwa, Majra:-Rukma Khurd, Tehsil:-Manikpur, District:-Chitrakoot in Financial Year-2013-2014 Rs.5 Lacs in which Rs.3.60 Lacs has been sanctioned from the Allahabad Bank Branch:-Manikpur on 11.11.2020 in the Account of Village Panchayat:-Rukma Khurd Gram Nidhi Khata No. 59001179411 IFSC Code No. ALLA0210082 but no work has been done in the Scheme of BRGF and Rs. 5 Lacs of public funds has been misappropriate by the Ex-Village Pradhan Shri Satya Narayan and Ex-Village Secretary Shri Rajesh Kumar, copy of the complaint dated 03.09.2020 is appended as Annexure No.1 to the writ petition. The petitioner had also submitted an application through IGRS Portal on 10 September, 2020. in which Additional Chief Officer, Zila Panchayat Chitrakoot written a letter dated 22 September, 2020 to the District Magistrate, Chitrakoot being Latter No.753 of 2021 to decide the complaint sent through IGRS No. 20017120005455 dated 10.09.2020. Since no inquiry has been conducted on the aforesaid complaint, the petitioner has moved again a complaint on 19.03.2025 before the respondent No.2/District Magistrate, Chitrakoot. Hence the present 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 03.09.2020 before the District Magistrate, Chitrakoot. Thereafter, an application through IGRS Portal on 10 September, 2020 in which Additional Chief Officer, Zila Panchayat Chitrakoot written a letter dated 22 September, 2020 to the District Magistrate, Chitrakoot to decide the aforesaid complaint. Since no decision has been taken, the petitioner moved fresh complaint on 19.03.2025, i.e., almost four and half years after. Nothing has been stated in the entire writ petition nor any arguments have been raised by learned counsel for the petitioner that under what circumstances he has made fresh complaint 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 Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad