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2025 DAILYLAW 81789 (ALL)

RAJ KISHOR v. STATE OF U.P. AND 2 OTHERS

WRIC/25622/2025 · 2025-08-03

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130198 Court No. - 33 Case :- WRIT - C No. - 25622 of 2025 Petitioner :- Raj Kishor Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar,Mukesh Joshi Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondents no.1 & 2 and Sri Krishnaji Patel, learned counsel for the respondent no.3. 2. The petitioner has preferred present writ petition inter-alia with the following prayers :- "I. Issue writ, order or direction in the nature of mandamus directing the respondent no.2 to make an inquiry Under Section 95 (1) (g) of U.P. Panchayat Raj Act against the respondent no.3 and to take appropriate action against the quilty persons. II. Issue writ, order, or direction in the nature of mandamus directing the respondent no.2 to take appropriate action on the application dated 16.07.2025 filed by the petitioner, Under Section 95(1) (g) of U.P. Panchayat Raj Act." 3. From perusal of the record it is clear that immediately after moving the application against the sitting Pradhan of the Village, the petitioner has approached this Court even without waiting for a considerable time. 4. In this view of the matter, the Court is of the prima facie opinion that petition is liable to be dismissed being pre-mature. 5. At this point of time, a prayer has been made to dismiss present writ petition with liberty to file a fresh petition. 6. In this view of the matter, present writ petition is dismissed with liberty as prayed. It is made clear that fresh writ petition will not be entertained if the same is filed within 30 days. Counsel for the petitioner is further directed to provide notice upon Sri Krishnaji Patel, learned counsel for the respondent no.3, if he files fresh writ petition. Order Date :- 4.8.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad