Petitioner challenged the release of funds for cremation sites to other Gram Panchayats due to non-allocation to his own. The court held that such grievance does not justify quashing the order and dismissed the writ petition.
Quashing of the order/letter dated 14.10.2022 was refused.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 29
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2154 of 2022
Petitioner :- Udaybhan Chauhan Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Devendra Dahma Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Manoj Misra,J. Hon'ble Vikas Budhwar,J.
This Public Interest Litigation seeks to espouse the cause of Gram Panchayat Dumra Khurd Dubauli, Development Block Vishunpur, Padrauna, District Kushinagar of which the petitioner is resident.
The grievance of the petitioner is that a number of Gram Panchayats were shortlisted vide letter dated 18.08.2022 for constructions of cremation site. The Gram Panchayat of which the petitioner is a resident was also shortlisted but by the impugned order/letter dated 14.10.2022 funds have been released in favour of only six Gram Panchayats wherein the name of Gram Panchayat of which the petitioner is a resident is conspicuous by its absence. It is also alleged that one of the Gram Panchayat that is included in the letter impugned was not initially shortlisted. Therefore, the prayer of the petitioner is to quash the order/letter dated 14.10.2022.
We fail to understand as to how public interest would be served if we do not allow construction of a cremation site. Assuming that the Gram Panchayat of which the petitioner is a resident was initially shortlisted but, subsequently, was not allocated funds, it cannot be a ground to challenge the allocation of funds in favour of another Gram Panchayat for the purposes of a cremation site. If the petitioner has any grievance in respect of non-release of funds to its own Gram Panchayat, he may represent to the concerned authority but that would not give the petitioner a good reason to challenge the allocation of funds in favour of another Gram Panchayat. We, therefore, find no merit in this writ petition.
Subject to the observations above, the writ petition is dismissed.
Order Date :- 19.11.2022 AKShukla/-
Digitally signed by ANIL KUMAR SHUKLA Date: 2022.11.21 17:26:20 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether a writ petition can be maintained to quash the allocation of funds to other Gram Panchayats due to the non-release of funds to the petitioner's Gram Panchayat.
Udaybhan Chauhan
State Of U P
3 Others
Manoj Misra
Vikas Budhwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
