Disposed

Janvikas Society U.P. v. State of U.P. and 4 Others

Allahabad HC1 Feb 2021WPIL/111/2021

Case brief

AI extract

What is this about?

Public Interest Litigation seeking directions for action against a Chairperson based on enquiry reports. The Court found the State Government had taken cognizance under the UP Municipalities Act and the petition was disposed of.

What did the court decide?

Commanded the State to take proceedings to their logical end expeditiously, not later than six weeks from the date of the order.

Janvikas Society U.P. Vs State of U.P. and 4 Others — Service and Employment | Allahabad HC (2021)

¶1

Court No. - 9

¶2

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 111 of 2021

¶3

Petitioner :- Janvikas Society U.P. Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Birendra Kumar,Ashish Kumar Singh Counsel for Respondent :- C.S.C.,Atul Tej Kulshrestha

¶4

Hon'ble Sanjay Yadav,J. Hon'ble Jayant Banerji,J.

¶5

Sri Ashish Kumar Singh, learned counsel appears for the petitioner.

¶6

Shri A.T. Kulshrestha, leaned counsel appears for the respondents no. 4 and 5 and learned Standing Counsel appears for the State Respondents.

¶7

Instructions taken on record.

¶8

Petitioner vide this public interest litigation seek following direction:-

¶9

“a. Issue a writ, order or direction in the nature of mandamus commanding the authority particularly the Respondent no. 1 to take suitable action in furtherance of enquiry report submitted by the Officer In-charge local bodies, Muzaffar Nagar dated 11.03.2019, the Report dated 14.08.2019 by the District Magistrate, Muzaffar Nagar with a recommendation to take action against the Chairperson Nagar Palika Parishad, Muzaffar Nagar (Respondent no. 4).

¶10

b. To pass such other and further order, which this Hon’ble court may deem fit and proper in the circumstances of the present case.”

¶11

On 21.01.2021 instructions were sought from the State of Uttar Pradesh and its functionaries as to the action taken by them in respect of grievance raised in the petition. The instructions are brought on record wherein paragraphs 8 and 9, it is stated:-

¶12

“8- Jherh vxzoky }kjk miyC/k djk;k x;k Li"Vhdj.k@mRrj ij izfr&ijh{k.k vk[;k djk;s tkus gsrq ftykf/kdkjh] eqt¶Qjuxj dks 'kklu ds i= la[;k&442@ukS&2&2020&03lk@2019] fnukad 27-082020 }kjk funsZf’kr fd;k x;kA

¶13

9& Jherh vatw vxzoky] v/;{kuxj ikfydk ifj"kn] eqt¶Qjuxj ds mRrj@Li"Vhdj.k ij ftykf/kdkjh] eqt¶Qjuxj dh izfr&ijh{k.k vk[;k] muds i= fnukad 27-01-2021 }kjk 'kklu dks miyC/k djkbZ xbZ gSaA lEizfr ftykf/kdkjh dh mDr izfr&ijh{k.k vk[;k fnukad 2701-2021] tks 'kklu esa fnukad 29-01-2021 dks izkIr gqbZ gS] ij laxr fu;eksa ds vUrxZr izkFkfedrk ds vk/kkj ij vxzsrj dk;Zokgh lEikfnr dh tk;sxhA ”

¶14

Since the cognizance is already taken by the State Government in purported exercise of power under Section 48 of Uttar Pradesh Municipalities Act, 1960 which lay down the provision regarding removal of President of Municipalities, we are of the considered opinion that the relief sought in the present petition has been substantially worked out.

¶15

It is expected of the State Government to take the proceeding to its logical end expeditiously; however, not later than six weeks from the date of communication of this order.

¶16

We make it clear that we have not expressed any opinion on the merit of the matter.

¶17

Petition stands disposed of finally in above terms. Order Date :- 1.2.2021 Kirti

¶18

(Jayant Banerji, J) (Sanjay Yadav, J)

¶19

Janvikas Society U.P. v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Janvikas Society U.P. v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S Charminar Stone Crusher Vs State of U P and 5 Others

Yogesh Kumar Vs Additional District Magistrate (Administration) and Another

U.P. Avas Evam Vikas Parishad Vs State of U.P. and 2 Others

C/M Chhangamal Anglo Sanskrit Inter College and Another Vs State of U.P. and 2 Others

Sneh Prabha Gupta and Another Vs State of U.P. and 4 Others

Ram Babu and 3 Others Vs Union of India and 4 Others