The High Court dismissed a writ petition seeking a mandamus to release funds used for constructing a Panchayat Bhawan. The Court held the petition was not maintainable as no cause of action arose for the petitioner and disbursal of such funds is an executive function beyond writ jurisdiction.
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Neutral Citation No. - 2023:AHC:119271-DB
Court No. - 39
Case :- WRIT - C No. - 13324 of 2023
Petitioner :- Smt. Kanchan Chauhan Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dadhi Bal Yadav,Sajjan Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J. Hon'ble Arun Kumar Singh Deshwal,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
The present petition has been filed praying for a mandamus directing the respondent no. 2 - Director, Panchayati Raj Vibhag, U.P. at Lucknow and respondent no. 4 - District Panchayat Raj Officer, Mau, District-Mau to release the amount of Rs. 3,51,000/- used in the construction of Panchayat Bhawan at VillageThakuramanpur, P.O. Maunath Bhanjan, Tehsil- Sadar, Block-Pardaha, District-Mau.
The petitioner was the Gram Pradhan of the village. The money has not been spent by him. No cause of action arises in favour of the petitioner, and therefore, the present petition is not maintainable. It is not the practice of the Court under Article 226 of the Constitution of India to take over government/executive functions. Disbursal of money for construction of building is an executive function and no constitutional, fundamental or legal right of the petitioner or anybody is adversely affected.
Accordingly, the petition is dismissed .
Order Date :- 29.5.2023 S.Chaurasia
Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad
2 issues framed by the court
Whether a writ petition under Article 226 is maintainable for directing the release of funds used in the construction of a village building when the petitioner has not spent the money.
Whether the Court should exercise its jurisdiction to direct the disbursement of government funds which falls under an executive function.
1 provisions across 1 enactments
Smt. Kanchan Chauhan
State Of U.P.
Salil Kumar Rai
Arun Kumar Singh Deshwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
