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2025 DAILYLAW 82892 (ALL)

BHAWANI SINGH YADAV v. STATE OF U.P. AND 2 OTHERS

WRIC/26507/2025 · 2025-08-19

Arun Kumar Singh Deshwal, Saral Srivastava

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:142096-DB Court No. - 40 Case :- WRIT - C No. - 26507 of 2025 Petitioner :- Bhawani Singh Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Narayan Singh(Kushwaha),Sadhu Sharan Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the petitioner and Sri Sandip Kumar Singh, Additional Chief Standing Counsel for the respondents. 2. By means of the present writ petition, the petitioner has prayed for the following reliefs:- "(i). Issue a writ, order or direction in the nature of mandamus commanding the respondents to review the office memorandum No.2937/33-2-2023 dated 11.03.2024 passed by the respondent No.2 and decide the representation dated 18.12.2024 of the petitioner pending before the respondent No.3 which has been forwarded before the respondent No.2 vide letter dated 30.01.2025 by the District Magistrate, Lalitpur within a stipulated period. (ii). Issue a writ, order or direction in the nature of mandamus commanding the respondent No.3 to reinstate the petitioner on the post of member of Zila Panchayat and permit the petitioner to participate in all the proceedings of the Zila Panchayat within a stipulated period as fixed by this Hon'ble Court. (iii). Issue a writ, order or direction in suitable nature as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (iv). Award the cost of the petition." 3. The grievance of the petitioner is that he is not being reinstated on the post of Member, Zila Panchayat Ward No.5, Lalitpur by the respondent-authority and in this respect, he has made several representations to the respondent-authority, but till date, no action has been taken on the same. 4. Learned Additional Chief Standing Counsel for the respondents submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to respondent No.2 to consider the grievance of the petitioner. 5. Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed off with liberty to the petitioner to file a fresh representation before the respondent No.2- Additional Chief Secretary, Panchayatraj, Anubhag-II, U.P., Lucknow alongwith the certified copy of this order raising all his grievances within a period of three weeks from today. In case any such representation is filed by the petitioner, the respondent No.2 shall consider and decide the same strictly in accordance with law by reasoned and speaking order within a period of one month thereafter. Order Date :- 20.8.2025 SS (Arun Kumar Singh Deshwal,J.) (Saral Srivastava,J.) Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad