Kishan Chand Upadhyaya v. State of Up Thru.Pri.Secy. Nagar Vikas and Ors.
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Case :- PUBLIC INTEREST LITIGATION (PIL) No.…
Case :- PUBLIC INTEREST LITIGATION (PIL) No.…
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Court No. - 1
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 27352 of 2016 Petitioner :- Kishan Chand Upadhyaya Respondent :- State Of Up Thru.Pri.Secy. Nagar Vikas And Ors. Counsel for Petitioner :- Sudeep Seth,Ghaus Beg Counsel for Respondent :- C.S.C.,Namit Sharma,Shailendra Singh Chauhan
Hon'ble Ramesh Sinha,J. Hon'ble Subhash Vidyarthi,J.
None appears for the petitioner to press this petition. However, Sri Abhyuday Mishra, learned Standing Counsel appearing for the State-respondents and Sri Namit Sharma, learned Counsel for Lucknow Nagar Nigam are present.
The instant P.I.L. has been filed for the following reliefs:-
"(i) An appropriate Writ, Order or Direction in the nature of continuing mandamus commanding the Opposite Party No.1 to constitute an independent Special Investigative Team to investigate the financial bungling and administrative irregularities prevailing in the Nagar Nigam, Lucknow; submit the report to the State Government and this Hon'ble Court; further action be taken against the erring officials to restore the institutional integrity, weed out corruption and restore good governance in Nagar Nigam, Lucknow.
(ii) Such other appropriate Writ, Order or Direction as this Hon'ble Court may deem just and proper in the circumstances of the case and in the interest of justice, be passed in favour of the Petitioner.
(iii) Costs of the Writ Petition be awarded in favour of the Petitioner."
Sri Namit Sharma, learned Counsel appearing for Nagar Nigam submits that a short counter affidavit has been filed on behalf of Lucknow Nagar Nigam wherein in paras 3 to 5, it has been stated that an enquiry has been conducted against one Mr. Abrar Hussain by Municipal Commissioner, Nagar Nigam, Kanpur/Inquiry Officer, who in turn has submitted his inquiry report in which both charges levelled against Mr. Abrar Hussain have been proved and the Department of Nagar Vikas has sent the inquiry report to the Municipal Commissioner, Nagar Nigam, Lucknow for taking action against Mr. Abrar Hussain. A copy of the inquiry report has been annexed as Annexure No.SCA2 to the short counter affidavit.
Taking into account the averments made in paras 3 to 5 of short counter affidavit of the Nagar Nigam, we do not find any good ground for keeping the present Public Interest Litigation pending.
Accordingly, the instant P.I.L. is consigned to record.
[Subhash Vidyarthi, J.] [Ramesh Sinha, J.]
Order Date :- 28.1.2023 lakshman
Digitally signed by :- LAKSHMANA KUMAR TAMMANA High Court of Judicature at Allahabad, Lucknow Bench
Kishan Chand Upadhyaya
State Of Up
Lucknow Nagar Nigam
Ramesh Sinha
Subhash Vidyarthi
As recorded by the court registry
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