RAM KISHUN @ RAM KISHAN v. STATE OF UP AND 5 OTHERS
WPIL/1601/2025 · 2025-10-07
Arun Bhansali, Kshitij Shailendra
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 63652 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 63652 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 1601 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J.
1. This petition, in the nature of Public Interest Litigation, has been filed by the petitioner seeking a direction to respondent Nos. 2 and 3 to take appropriate action against respondent Nos. 4 to 6 for having withdrawn a sum of Rs. 30,97,746/- in the head of pond cleaning for the year 2020-21. 2. On 04.07.2025, this Court qua the inquiry report dated 09.11.2023, submitted by the District Excise Officer, Basti and Junior Engineer, Public Works Department, Basti indicating no wrongdoing on part of respondent Nos. 4 to 6, found that the report was given only to cover up the obvious wrongdoings and the District Magistrate, Basti was directed to institute a fresh inquiry to be conducted by an officer not below the rank of Sub Divisional Magistrate. 3. Pursuant to the said order, a fresh inquiry was instituted, however, the report dated 26.07.2025 came to the conclusion that as the work was 5 years old, no finding can be recorded regarding the work having taken place, however, as the Gram Pradhan has produced photographs indicating the execution of the work, the Committee could not draw any conclusion based on which, the District Magistrate was directed by this Court to seek a definitive conclusion on the said aspect from the Committee. 4. Today, learned Standing Counsel has produced instructions, wherein the respondents were issued show cause notice under Section 27(2) of the Versus Counsel for Petitioner(s) : Rajesh Kumar Chaudhary Counsel for Respondent(s) : C.S.C., Ramanand Pandey (A.C.S.C.), Namit Kumar Sharma Ram Kishun @ Ram Kishan .....Petitioner(s) State of UP and 5 others .....Respondent(s)
Uttar Pradesh Panchayat Raj Act, 1947, along with a copy of the inquiry report seeking response pursuant to which, an order dated 15.09.2025 has been passed by the District Magistrate ordering for recovery of the said amount from the respondents. 5. In view of the above fact situation, as the respondents, under the directions of the Court, have taken the requisite action against the respondent Nos. 4 to 6, no further orders are required to be passed in the present PIL, the same is, therefore, disposed of. 6.
It is expected of the respondents to ensure that the directions given by the District Magistrate in his order dated 15.09.2025 are duly executed, in accordance with law. October 8, 2025 Mukesh Pal/Sazia WPIL No. 1601 of 2025 2 (Kshitij Shailendra,J.) (Arun Bhansali,CJ.) Digitally signed by :- MUKESH PAL High Court of Judicature at Allahabad