Danish Miya vs State of U.P. and 5 Others — Allahabad HC (2025) — LawSathi Research

Danish Miya vs State of U.P. and 5 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to move a fresh representation with a certified copy of this order before the Sub-Divisional Magistrate, Tehsil Sahabad, District Rampur, stating all his objections against the Gram Panchayat proceedings dated 30.10.2025; objections received by respondent no.3 within two weeks to be decided in accordance with law, after opportunity of hearing, with a reasoned order within a further period of one month.

Issue for consideration

Whether the proposal of Gram Sabha Kharsaul dated 30.10.2025 recommending allotment of the fair price shop to respondent no.5 (Smt. Kamlesh) stands vitiated by having been passed in the absence of the Gram Pradhan and in contravention of the agenda of the meeting, as contended on behalf of the petitioner. +1 more

Court's answer

The Court expressly made clear that it has not expressed any opinion on the merits of the case, leaving the merits of the challenge to the Gram Sabha proposal entirely open.

Ratio / Principle

The writ petition is disposed of with liberty to the petitioner to move a fresh representation, with a certified copy of this order, before the Sub-Divisional Magistrate, Tehsil Sahabad, District Rampur, stating all his objections to the Gram Panchayat proceedings dated 30.10.2025; if such objection is received by respondent no.3 within two weeks, it shall be decided in accordance with law, after affording him opportunity of hearing, with a reasoned order, within a further period of one month thereafter.

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 9, Hon'ble Arun Kumar, J.), by order dated December 2, 2025, disposed of Writ-C No. 40216 of 2025 filed by Danish Miya against the State of U.P. and five others, challenging the proposal of Gram Sabha Kharsaul, Tehsil Sahabad, District Rampur, dated 30.10.2025, recommending allotment of a fair price shop to respondent no.5, Smt. Kamlesh. The petitioner contended the proposal was passed in the Gram Pradhan's absence and contrary to the agenda, relying on her letter of 3.11.2025 to the District Magistrate, Rampur; his objection of 8.11.2025 to the District Magistrate remained unacted upon, and no decision had been taken by respondent no.3, the Sub-Divisional Magistrate, Sahabad. Since representations had been addressed to the District Magistrate rather than the Sub-Divisional Magistrate competent to accept or reject the recommendation, the Court granted liberty to file a fresh representation before the SDM, directing that any objection received within two weeks be decided in accordance with law, after hearing, with a reasoned order within one month. No opinion was expressed on the merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 40216 of 2025

Danish Miya

.....Petitioner(s)

Versus

State Of U.P. And 5 Others	.....Respondent(s)
Counsel for Petitioner(s)	: Brijesh Kumar Pandey
Counsel for Respondent(s)	: Arun Kumar Pandey, C.S.C.

Court No. - 9

HON'BLE ARUN KUMAR, J.

Heard Sri Brijesh Kumar Pandey, learned counsel for the petitioner, Sri Rohit Jaiswal, holding brief of Sri Arun Kumar Pandey, learned counsel for the respondent no.6 and learned Standing Counsel for the respondent nos.1 to 4.

The present writ petition has been filed challenging the proposal of Gram Sabha Kharsaul, Tehsil Sahabad, District Rampur, dated 30.10.2025, whereby the proposal for allotment of fair price shop has been recommended in favour of respondent no.5, Smt. Kamlesh.

It is contended by learned counsel for the petitioner that the said proposal has been passed in the absence of Gram Pradhan, in contravention of the agenda of the meeting. In support of his aforesaid contention, he relies upon the letter of the Gram Pradhan dated 3.11.2025 sent to the District Magistrate, Rampur, in which she has accepted the fact that she was not present in the alleged meeting of Gram Panchayat held on 30.10.2025. He has further contended that till date no decision has been taken by the Sub-Divisional Magistrate, Sahabad, District Rampur, the respondent no.3. The petitioner has also filed an objection before the District Magistrate, Rampur on 8.11.2025 but till date no action has been taken.

Learned counsel for the respondents, on the other hand, has contended that the representations of the Gram Pradhan and the petitioner have been made before the District Magistrate, Rampur and not before the Sub-

WRIC No. 40216 of 2025

2

Divisional Magistrate, Tehsil Sahabad, District Rampur, who has to take decision in respect of accepting or rejecting the recommendation of the Gram Panchayat.

In view of the aforesaid facts and circumstances, the present writ petition is disposed of with liberty to the petitioner to move a fresh representation, alongwith a certified copy of this order, before the SubDivisional Magistrate, Tehsil Sahabad, District Rampur, stating all his objection against the proceedings of the Gram Panchayat dated 30.10.2025. If any such objection is received by the respondent no.3 SubDivisional Magistrate, within two weeks from today, the same shall be decided, in accordance with law, after affording him opportunity of hearing with a reasoned order, within a further period of one month, thereafter.

It is made clear that this Court has not expressed any opinion on merits of the case.

(Arun Kumar,J.)

December 2, 2025

Anil

Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad