Dismissed¶18

Bal Krishna Yadav v. State of U.P. Thru. Its Prin. Secy. Deptt. of Panchayati Raj and 5 Others

Allahabad HC21 Apr 2025WPIL/306/2025

Case brief

AI extract

What is this about?

PIL No. 306 of 2025, Allahabad High Court Lucknow Bench, DB (Masoodi & Singh, JJ.), decided 21.4.2025 — writ petition dismissed as infructuous; subject: misappropriation of public funds under Swachh Bharat Mission (Grameen); recovery of Rs.13,45,000/-; F.I.R. no. 0112 of 2025 under Section 409 I.P.C., P.S. Raniganj, district Pratapgarh, lodged 20.4.2025, investigation pending; interim order dated 3.4.2025; petitioner Bal Krishna Yadav v. State of U.P. (Panchayati Raj) & 5 others.

What did the court decide?

Criminal proceedings stand initiated: F.I.R. no. 0112 of 2025 under Section 409 I.P.C., police station Raniganj, district Pratapgarh was lodged on 20.4.2025 against persons who misappropriated public funds, and the investigation is pending. ¶15

Bal Krishna Yadav vs State of U.P. Thru. Its Prin. Secy. Deptt. of Panchayati Raj and 5 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether appropriate action has been taken against the erring officials who misappropriated public funds under the scheme of Swachh Bharat Mission (Grameen), including initiation of criminal proceedings. +1 more

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Court's answer

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Ratio / Principle

In view of the action taken by opposite party no. 2 in the nature of civil and criminal both, the writ petition's grievance stands redressed and the writ petition has lost its efficacy.

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Key takeaways

The writ petition is dismissed as infructuous.ratio¶18

Detailed headnote1 paragraphs

Public Interest Litigation (PIL) No. 306 of 2025, Bal Krishna Yadav v. State of U.P. (through Principal Secretary, Department of Panchayati Raj) and 5 others — Division Bench (Hon'ble Attau Rahman Masoodi, J. and Hon'ble Rajeev Singh, J.), High Court of Judicature at Allahabad, Lucknow Bench; order dated 21.4.2025. The PIL sought appropriate action against erring officials alleged to have misappropriated public funds under the scheme of Swachh Bharat Mission (Grameen). By order dated 3.4.2025 the Court had sought the State's explanation on action taken, and the District Magistrate's explanation for non-initiation of criminal proceedings despite recovery of Rs.13,45,000/-. In the counter affidavit the State recorded that F.I.R. no. 0112 of 2025 under Section 409 I.P.C., police station Raniganj, district Pratapgarh, was lodged on 20.4.2025 against the persons who misappropriated public funds and that investigation was pending. Holding that action in the nature of civil and criminal both stood taken by opposite party no. 2 and the petition stood redressed, the Court held the writ petition to have lost its efficacy and dismissed it as infructuous.

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Neutral Citation No. - 2025:AHC-LKO:22226-DB

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Court No. - 1

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 306 of 2025

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Petitioner :- Bal Krishna Yadav

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Respondent :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Panchayati Raj And 5 Others

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Counsel for Petitioner :- Salik Ram Tiwari,Arti Yadav,Sanjeev Kumar Dwivedi

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Counsel for Respondent :- C.S.C.

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Hon'ble Attau Rahman Masoodi,J. Hon'ble Rajeev Singh,J.

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Counter affidavit filed by learned Additional Chief Standing Counsel is taken on record.

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Heard learned counsel for the petitioner and learned Additional chief Standing Counsel for the State.

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The order passed by this Court on 3.4.2025 reads as under :-

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"Learned counsel for the State prays for and is granted ten days' time to file counter affidavit explaining the position as to what action has been taken against the erring officials who have been stated to have misappropriated the public funds under the scheme of Swachh Bharat Mission (Grameen).

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The District Magistrate concerned is also directed to explain as to why criminal proceedings have not come to be initiated against the public servants who have been found guilty of misappropriation of public funds, recovery whereof is stated to have been made to the extent of Rs.13,45,000/- until now.

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List this case in the week commencing 21.04.2025 in the list of fresh cases".

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Learned Additional Chief Standing Counsel has filed counter affidavit wherein it is stated that the case bearing F.I.R. no. 0112 of 2025 under Section 409 I.P.C., police station Raniganj, district Pratapgarh was lodged on 20.4.2025 against the persons who misappropriated the

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public funds and the investigation in furtherance thereof is pending.

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In view of the action taken by the opposite party no. 2 in the nature of civil and criminal both, the writ petition for an appropriate action against the erring officials seems to have redressed.

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The writ petition has lost its efficacy and the same is accordingly dismissed as infructuous.

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[Rajeev Singh, J.] [Attau Rahman Masoodi, J.]

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Order Date :- 21.4.2025 kanhaiya

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Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Bal Krishna Yadav v. State of U.P. Thru. Its Prin. Secy. Deptt. of Panchayati Raj and 5 Others

Case brief

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Bal Krishna Yadav v. State of U.P. Thru. Its Prin. Secy. Deptt. of Panchayati Raj and 5 Others

Case brief

What is this about?

What did the court decide?

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