Disposed

Nijumuddin Alias Nizamuddin v. State of U.P. Thru. Prin.Secy. Deptt. of Panchayati Raj Lko. and Others

Allahabad HC27 Feb 2023/140/2023

Case brief

AI extract

What is this about?

In a PIL regarding delayed inquiry proceedings under U.P. Panchayat Raj Enquiry Rules instituted on a petitioner's complaint, the High Court held that since the District Magistrate was actively proceeding with the matter, no directions were necessary. The petition was disposed off accordingly.

What the court decided

AI extract

Nijumuddin Alias Nizamuddin Vs State… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Court No. - 2

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 140 of 2023

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Petitioner :- Nijumuddin Alias Nizamuddin Respondent :- State Of U.P. Thru. Prin.Secy. Deptt. Of Panchayati Raj Lko. And Others Counsel for Petitioner :- Anubhav Prakash,Abhishek Srivastava,Atharva Arya

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Counsel for Respondent :- C.S.C.,Pankaj Gupta,Shishir Jain

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Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Subhash Vidyarthi,J.

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Heard learned counsel for the petitioner, learned State Counsel and Mr. Shishir Jain,learned counsel representing the opposite party no.4/Rajkiya Nirman Nigam.

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In relation to certain complaint made by the petitioner, the opposite party no.2/District Magistrate, Shravasti vide her order dated 23.08.2022 has instituted some preliminary enqiry under U.P. Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997.

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Submission of learned counsel for the petitioner is that the enquiry was to be completed within a month from the order dated 23.08.2022, however, it could not be completed till date.

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Learned State Counsel on the basis of instructions received from opposite party no.5/District Panchayat Raj Officer concerned has submitted that a two member enquiry team was constituted and one of the members visited the spot and has submitted his report, however, the technical member could not participate in the enquiry and accordingly for the purpose of having a comprehensive and correct report from the spot, steps are being taken to get the enquiry conducted by a technical

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expert also.

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Since the District Magistrate is proceeding pursuant to the complaint made by the petitioner, we are not inclined to issue any direction as has been prayed for in this petition.

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The petition thus is disposed off by observing that the District Magistrate is proceeding in the matter.

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(Subhash Vidyarthi, J.) (D.K. Upadhyaya, J.) Order Date :- 27.2.2023 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Nijumuddin Alias Nizamuddin v. State of U.P. Thru. Prin.Secy. Deptt. of Panchayati Raj Lko. and Others

Case brief

What is this about?

What the court decided

Nijumuddin Alias Nizamuddin v. State of U.P. Thru. Prin.Secy. Deptt. of Panchayati Raj Lko. and Others

Case brief

What is this about?

What the court decided

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