Disposed

Kailash and Another v. State of U.P. and 4 Others

Allahabad HC13 Jan 2021WRIC/419/2021

Case brief

AI extract

What is this about?

This writ petition sought a mandamus directing the District Magistrate, Mau, to initiate an enquiry into alleged irregularities committed by the village Pradhan. The Court permitted the petitioners to approach the second respondent with the complaint and affidavit, mandating an examination and decision within six weeks, with subsequent enquiry conclusion within three months.

What did the court decide?

The petition was disposed of; petitioners permitted to approach the District Magistrate with the complaint and affidavit. The authority must examine the complaint and take a decision within six weeks,

Kailash and Another Vs State of U.P… — Constitutional and Fundamental Rights | Allahabad HC (2021)

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Court No. - 37

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Case :- WRIT - C No. - 419 of 2021

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Petitioner :- Kailash And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajendra Kumar Ojha Counsel for Respondent :- C.S.C.

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Hon'ble Rajiv Joshi,J.

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Heard Sri Rajendra Kumar Ojha, learned counsel for the petitioners and learned Standing Counsel for the State respondents.

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Present writ petition has been filed for issuance of writ of mandamus commanding respondent no.2-District Magistrate, Mau to consider the petitioners' lastly submitted application dated 7.12.2020 filed in respect of irregularities within stipulated time.

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Petitioner claims to have made a complaint against the Pradhan of village Daulsepur, Block Ranipur, Tehsil Mohammadabad, Gohna District Mau. Such complaint is alleged to be supported by affidavit. It has been sent to the District Magistrate on 7.12.2020. Grievance is that the District Magistrate has not even initiated preliminary enquiry.

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Learned Standing Counsel states that the competent authority shall examine the grievance of petitioner, in accordance with law.

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In the facts and circumstances, noticed above, this writ petition stands disposed of permitting the petitioners to approach the second respondent, alongwith a copy of this order, annexing his complaint and the affidavit. The concern respondent shall examine the complaint and shall proceed further, in accordance with law, keeping in view the provisions contained under Rule 4 (1) of the Uttar Pradesh Panchayat Raj (Removal of Pradhan, Up Pradhan and Members) Inquiry Rules, 1997. An appropriate decision would be taken, within a period of six weeks, thereafter. In the event such enquiry is initiated, the same shall be got concluded, within a further period of three months after due notice to the elected Pradhan, in accordance with the Rules of 1997.

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The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.

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Order Date :- 13.1.2021 Noman

Kailash and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Kailash and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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