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Neutral Citation No. - 2025:AHC:137629-DB Court No. - 40 Case :- WRIT - C No. - 27335 of 2025 Petitioner :- Reyaz Ahmad Ansari Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjay Kumar,Sr. Advocate Counsel for Respondent :- C.S.C.,Girdhar Prasad Tripathi Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri H.N. Singh, learned Senior Counsel assisted by Sri Sanjay Kumar, learned counsel for the petitioner, learned Standing Counsel for respondent nos.1 to 4 and Sri Girdhar Prasad Tripathi,
learned counsel for respondent no.5. 2. The petitioner by means of the present petition has prayed for the following relief:-
"i. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 29.01.2025 passed by the District Magistrate, Ghazipur. ii. Issue a writ, order or direction in the nature of mandamus commanding the respondents not to give effect to the impugned order anymore and not to permit the Up-Ziladhikari, Kasimabad, Ghazipur to function as Administrator of Nagar Panchayat, Bahadurganj, District Ghazipur. iii. Issue a writ, order or direction in the nature of mandamus commanding the respondents to handover the charge of the President of Nagar Panchayat, Bahadurganj, District Ghazipur to the petitioner within a period of time specified by this Hon'ble Court. iv. Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. v. Award the costs of the writ petition."
3. Learned counsel for the petitioner has submitted that petitioner has been elected as President/Chairman of Nagar Panchayat, Bahadurganj, District Ghazipur. It is submitted that on the basis of F.I.R. registered against the petitioner, he was arrested and subsequently, he was released on bail and during the period the petitioner remained in jail, the District Magistrate in exercise of power under Section 54-A of U.P. Municipalities Act, 1916, gave
the charge of President/Chairman of Nagar Panchayat, Bahadurganj, District Ghazipur to the Administrator. 4. It is submitted that thereafter, the petitioner on being released on bail made a representation to the District Magistrate, Ghazipur for restoring the charge of President/Chairman of Nagar Panchayat, Bahadurganj, District Ghazipur as now he is in a position to work as President/Chairman, but the District Magistrate is sitting tight over that and is not passing any order. Accordingly, it is submitted that a direction be issued to the District Magistrate, Ghazipur to decide the representation of the petitioner regarding reinstatement of petitioner as President/Chairman of Nagar Panchayat, Bahadurganj, District Ghazipur. 5. Per contra, learned counsel for respondent no.5 on the basis of letter dated 17.07.2025, which has been produced before the Court, has submitted that the Executive Officer, Nagar Panchayat, Bahadurganj, Ghazipur has also written a letter to the District Magistrate, Ghazipur to take appropriate decision regarding reinstatement of petitioner as President/Chairman of Nagar Panchayat, Bahadurganj, District Ghazipur. 6.
Considering the submissions made above, the writ petition is
disposed off with liberty to the petitioner to file a fresh representation alongwith certified copy of this order before the respondent no.3-District Magistrate, Ghazipur within a period of one month from today for redressal of his grievances. In case, any such representation is filed by the petitioner, the respondent no.3 shall consider and decide the same strictly in accordance with law by reasoned and speaking order within a period of two months from the date he receives the representation of the petitioner.
Order Date :- 13.8.2025 Sattyarth (Arun Kumar Singh Deshwal,J) (Saral Srivastava,J) Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad