Disposed

Ram Narayan Mishra v. State of U.P. and 3 Others

Allahabad HC8 Jul 2020WRIC/10874/2020

Case brief

AI extract

What is this about?

CWP examining District Magistrate's inaction on complaint against elected Pradhan. Court disposed petition allowing petitioner to approach authority with materials within timeframe. Authority to examine grievances under UP Panchayat Raj Act within six weeks. Court did not examine merits.

What did the court decide?

Petitioner to approach District Magistrate Basti with materials within three weeks; Authority to examine and pass order within six weeks.

Ram Narayan Mishra Vs State of U.P. and 3 Others — Writ and Judicial Review | Allahabad HC (2020)

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Court No. - 36

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Case :- WRIT - C No. - 10874 of 2020

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Petitioner :- Ram Narayan Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satyendra Kumar Singh,Saral Singh Counsel for Respondent :- C.S.C.

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Hon'ble Ashwani Kumar Mishra,J.

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Ref:- Impleadment Application

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Heard learned counsel for the parties.

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Application is allowed.

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Let Rangi Lal Verma son of Ramkesh Verma be impleaded as respondent no.5 in the array of the parties.

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Ref: Writ Petition

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Petitioner has approached this Court with the grievance that though he made a complaint against the elected Pradhan in respect of various irregularities committed by him, which is supported with an affidavit, yet the District Magistrate, Basti has not examined the complaint and no orders have been passed as yet.

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Learned Standing Counsel states that the grievance of the petitioner would be examined by the competent authority in accordance with law, at the first instance.

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Considering the nature of order proposed to be passed notices need not be issued to respondent no.5 and this petition is being disposed of at this stage itself after hearing learned Standing Counsel for the State authorities.

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In the facts and circumstances of the present case, this writ petition stands disposed of permitting the petitioner to approach respondent no.2 i.e. District Magistrate, Basti in respect of his grievance alongwith certified copy of this order within three weeks from today. Petitioner shall be at liberty to annex all materials in support of his grievance alongwith the representation, which are alleged to have been furnished to the District Magistrate including copy of complaint, affidavit and enclosures etc. In case petitioner does so, the authority concerned shall examine petitioner's grievance and shall pass appropriate order as may be warranted in terms of the

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provisions contained in the U.P. Panchayat Raj Act, 1947 as well as rules framed thereunder within a further period of six weeks, thereafter.

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It is clarified that this Court has not examined the grievance/allegations made by the petitioner on merits and all issues are left open to be examined by the authority concerned at the first instance.

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Order Date :- 8.7.2020 Ashok Kr.

Ram Narayan Mishra v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ram Narayan Mishra v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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