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2025 DAILYLAW 75142 (ALL)

SRI NAV DHARMIK SEWA TRUST v. STATE OF U.P. AND 7 OTHERS

WRIC/23115/2025 · 2025-08-17

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:140631-DB Court No. - 21 Case :- WRIT - C No. - 23115 of 2025 Petitioner :- Sri Nav Dharmik Sewa Trust Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Ravi Prakash Srivastava Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The petitioner is a trust, which is stated to be running a Gaushala on the basis of agreement with the Animal Husbandry Department, District Baghpat dated 19.01.2024. On 06.05.2025, Block Development Officer, Development Block, Baghpat addressed a communication to Chief Veterinary Officer, Baghpat stating that the Gram Pradhan vide her letters dated 03.05.2025 and 26.04.2025 apprised him of negligence, financial irregularities and misuse of the land provided to petitioner for growing fodder for the cattle kept at Gaushala and her request to cancel the contract. The Block Development Officer, Baghpat, while annexing the aforesaid letters of the Gram Pradhan, prayed for necessary action being taken against the petitioner firm. 2. It appears that on 17.06.2025, the District Panchayati Raj Officer, Baghpat taking notice of the request of petitioner regarding payment of his balance amount under the contract, directed Gram Pradhan to release 50 % payment in terms of the bills submitted by the petitioner. 3. The case of the petitioner is that the respondents, in order to avoid payment to petitioner under the contract, have initiated proceedings for cancellation of the agreement. 4. There is no indication on record as to what inquiry was conducted on the basis of the communication dated 06.05.2025 of the Block Development Officer, Baghpat. From the letter of the District Panchayati Raj Officer, Baghpat dated 17.06.2025, it appears that he was not even aware of the complaints of the Gram Pradhan. 5. Learned counsel for the petitioner vehemently submitted that the petitioner is entitled for payment being released in its favour in terms of the communication dated 17.06.2025. 6. As, in case the allegations levelled against the petitioner firm by the Gram Pradhan by her letters dated 03.05.2025 and 26.04.2025 have any substance, we find no good ground to direct the respondents to make payment over-looking the allegations. 7. Learned counsel for the petitioner states that under the contract, the Chief Veterinary Officer, Baghpat is the supervising authority and he has no objection in case he is directed to enquire into the charges and thereafter make the payment. 8. Accordingly, we dispose of the instant petition with direction to respondent No.4/Chief Veterinary Officer, Baghpat to hold an inquiry on the basis of the allegations levelled by the Gram Pradhan against the petitioner and also to take appropriate decision regarding payment of the dues of petitioner within a period of eight weeks from the date of communication of the instant order, along with a fresh representation. (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 18.8.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad