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2025 DAILYLAW 61081 (ALL)

AJAY SINGH v. STATE OF U.P. AND 3 OTHERS

WRIC/17407/2025 · 2025-05-27

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:91076 Court No. - 33 Case :- WRIT - C No. - 17407 of 2025 Petitioner :- Ajay Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Saurabh Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The order dated 30.04.2025 passed by respondent no.2-District Magistrate, Azamgarh is under challenge in the present writ petition. 2. It is argued by counsel for the petitioner that before passing the aforesaid order no notice or opportunity has been provided to the petitioner. This fact is stated in paragraph 14 of the writ petition. 3. On the other hand it is argued by learned Standing Counsel that against the aforesaid order statutory alternative remedy is available to the petitioner to file an appeal as provided under Clause 29 (1) (i) of Schedule-I of The Mahatma Gandhi National Rural Employment Guarantee Act, 2005 hence present writ petition is liable to be dismissed. 4. Heard learned counsel for the parties and perused the records. 5. From perusal of the record it is clear that against the order impugned petitioner has statutory alternative remedy to file an appeal before the State Commissioner (NREGS), Divisional Commissioner (NREGS) and State Grievance Redressal Officer. 6. In this view of the matter, without interfering with the order dated 30.04.2025 passed by respondent no.2-District Magistrate, Azamgarh present writ petition is disposed of permitting the petitioner to file an appeal along-with application for grant of interim relief before the appellate authority within a period of two weeks from today. If such an appeal is filed within the period stated above, the appellate authority is directed to consider and decide the said application for grant of interim relief within four weeks, thereafter. 7. For a period of two months or till the application for grant of interim relief is decided, whichever is earlier, no coercive action shall be taken against the petitioner in so far as recovery part is concerned. 8. This order has been passed in presence of Mr. Anoop Kumar Dubey, Advocate, who put up his appearance on behalf of complainant. Order Date :- 28.5.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad