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2025 DAILYLAW 96363 (ALL)

BUDDHI SINGH KUSHWAHA v. STATE OF U.P. AND 4 OTHERS

WRIC/32213/2025 · 2025-09-15

Prakash Padia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32213 of 2025 Court No. - 6 HON'BLE PRAKASH PADIA, J. 1. The petitioner, who is a complainant, made a complaint against the respondent No.4/Ex-Pradhan of Village Panchayat Mijhauna Vikas Khand Madhaugarh Tehsil Madhaugarh, District Jalaun from time to time before the District Authorities making allegation that certain financial irregularities was committed by the respondent No.4 in the year 2015- 2016 till 2020-2021. 2. Today when the matter is taken up, a preliminary objection has been raised by learned Standing Counsel that the aforesaid complaint was not taken into consideration. It is argued that in view of the third proviso of Sub Rule 2 of Rule 257 of U.P. Panchayat Raj Act, 1947, any such liability could not be imposed upon a Pradhan after more than three year from the date on which the person liable ceases to hold his office, whichever is later. The third proviso of Sub Rule 2 of Rule 257 of U.P. Panchayat Raj Act, 1947 reads as follows:- "Provided, thirdly, that no Pradhan, Up-Pradhan, Member, Officer or servant shall be liable for any loss, waste or misused after the expiry of four years from the occurrence of such loss, waste or misuse or after the expiry of three years or from the date of his ceasing to be a Pradhan, Up-Pradhan, Member, Officer or servant of the Gaon Panchayat whichever is later." 3. At this stage, learned counsel for the petitioner prays that the present petition be dismissed as not pressed. Versus Counsel for Petitioner(s) : Brijesh Kumar Yadav, Ram Chandra Yadav Counsel for Respondent(s) : C.S.C., Deepak Gaur Buddhi Singh Kushwaha .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 4. Accordingly, the writ petition is dismissed as not pressed. 5. It is made clear that no liberty is granted to the petitioner to file fresh petition for the same cause of action. 6. Registrar (Compliance) is directed to communicate a copy of this order to District Magistrate, Jalaun within a week. September 16, 2025 saqlain WRIC No. 32213 of 2025 2 (Prakash Padia,J.) Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad