A sitting Gram Pradhan filed a writ petition in his individual capacity seeking enquiry into alleged misappropriation of Gram Panchayat funds by an ex-Pradhan. The court held that under Section 72(4) of the U.P. Revenue Code, 2006 such a petition through private counsel was not maintainable and dismissed it.
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Neutral Citation No. - 2024:AHC:115978
Court No. - 33
Case :- WRIT - C No. - 16808 of 2024 Petitioner :- Maharaj Singh Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Gunjan Sharma,Namit Kumar Sharma Counsel for Respondent :- C.S.C.
Hon'ble Chandra Kumar Rai,J.
1.Heard Mr.Namit Kumar Sharma, learned counsel for the petitioner and learned Standing Counsel for the State.
2.The instant writ petition has been filed for the following relief:
"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent No.1 to initiate enquiry proceeding against Ex-Gram Pradhan Divanpur Chaudhary, Block-Sultanganj, Mainpuri in pursuance to misappropriation and embezzlement of Government funds with regard to financial year 2015-16 to 2019-2020 as per the allegations mentioned by the petitioner and other villagers in their IGRS complaint No.40014824000608 dated 10.01.2024.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent No.5 to conclude the preliminary enquiry contemplated against Ex-Gram Pradhan of Fram Panchyat Divanpur Chaudhary, Block Sultanganj, Mainpuri in pursuance to order dated 27.-7.2020 passed by Respondent No.2."
3.This Court on 08.07.2024 has passed the following order:
"1. Mr. Prabhakar Tripathi, learned Standing Counsel for the State-respondents raised preliminary objection that in view of the provisions contained under Section 72 (4) of U.P. Revenue Code, 2006 that instant petition at the instance of the Pradhan in the individual capacity through private counsel is not maintainable.
2. Learned counsel for the petitioner shall address the Court about the maintainability of the petition on the next date fixed in the matter.
3. Put up this case as fresh on 22.7.2024."
"72. Standing Counsel and other lawyers. (4) No Gram Sabha, Gram Panchayat or Bhumi Prabandhak Samiti shall engage any legal practitioner other than one appointed under this section without prior permission of the Collector."
individual capacity through private counsel cannot be entertained.
Order Date :- 22.7.2024
PS*
Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether a writ petition filed by a sitting Gram Pradhan in his individual capacity through private counsel regarding Gram Panchayat funds is maintainable under Section 72(4) of the U.P. Revenue Code,
Colour shows how this judgement treated each authority
Vinod Kumar Mishra Vs. State of U.P. and othersFollowed¶9
2016 (132) RD 277
1 provisions across 1 enactments
Maharaj Singh
State Of U.P.
Chandra Kumar Rai
As recorded by the court registry
2 orders share this CNR
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