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2025 DAILYLAW 69283 (ALL)

KAMLESH KUMAR BIND v. STATE OF U.P. AND 6 OTHERS

WRIC/20441/2025 · 2025-06-30

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:100930 Court No. - 33 Case :- WRIT - C No. - 20441 of 2025 Petitioner :- Kamlesh Kumar Bind Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Santosh Kumar Yadav,Pawan Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Writ of qua-warranto has been prayed for against the Respondent No. 6 namely Dr. Sangeeta Balwant (Member of Parliament, Rajya Sabha), District -Ghazipur. 2. It is clear from perusal of the facts as narrated in the present writ petition that petitioner is elected Gram Pradhan of Nyay Panchayat Mudhwal Block Karanda, District- Ghazipur. Order dated 12.09.2024 passed by the Respondent No. 2 against the petitioner was challenged by him by filing Writ C No. 6683 of 2025 (Kamlesh Kumar Bind vs. State of U.P. and 4 others) which was finally disposed of by this Court vide judgment and order dated 01.04.2025. 3. Immediately thereafter the letter dated 10.04.2025 was written by the Respondent No. 6 namely Dr. Sangeeta Balwant (Member of Parliament, Rajya Sabha), District -Ghazipur to the Respondent No. 2/ District Magistrate, Ghazipur to initiate the proceedings against the petitioner/ Gram Pradhan. On the basis of the aforesaid, proceedings were initiated against the petitioner. 4. Aggrieved against the aforesaid, the petitioner has preferred the present writ petition inter-alias with the following prayer:- "i. Issue a writ, order or direction in the nature of Qua Warranto to the Respondent No. 6 to explain as to what authority he passed the Order dated 10.04.2025 directing to the Respondent Authorities to take the action of the complaint; ii. Issue a writ, order or direction in the nature of certiorari quashing the Orders dated 10.04.2025, 12.04.2025 and 04.06.2025 including entire proceedings against the Petitioner; iii. Issue a writ, order or direction in the nature of Mandamus directing the Respondent No. 2 to take the appropriate action against the Respondent Nos. 4 and 5 for filing the false complaint against the Petitioner repeatedly; iv. Issue any other order or direction as this Hon'ble Court may deem fit and proper under the circumstances of the case;" 5. After some arguments, a prayer has been made by the counsel for the petitioner to dismiss the present writ petition as not pressed with liberty to the petitioner to file a fresh petition. 6. Prayer is allowed. 7. Accordingly, the writ petition is dismissed with liberty as prayed. Order Date :- 1.7.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad