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Ram Rekha Singh v. State Of U.P. And Others - WRIT - A No. 23779 of 2007 [2007] RD-AH 9803 (22 May 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Anjani Kumar, J.

Hon'ble Sudhir Agarwal, J.

Heard learned counsel for the petitioner and learned standing counsel.

The petitioner by means of this writ petition has prayed for the following reliefs :

"a. Issue a writ, order or direction in the nature of certiorari calling for the records of the case and to quash the impugned order dated 02.11.2006 passed by Technical Examiner, Technical Audit Cell (Gram Vikas), Azamgarh Mandal, Azamgarh (Annexure No. 13).

b. Issue a writ, order or direction in the nature of mandamus commanding the respondents i.e., Commissioner Rural Development, Lucknow not to proceed further in the Departmental Enquiry which is being conducted by Technical Audit Cell, Azamgarh Division Azamgarh, pursuant to the order dated 02.11.2006 (Annexure 13).

c. Issue a writ, order or direction in the nature of mandamus commanding the respondents i.e. State Government to transfer the investigation of case crime No. 30 of 2007, instituted on the basis of First Information Report dated 23.03.2007 at Police Station Rasara to Economic Offence

Wing of C.B.C.I.D., Varanasi, which is already conducting the investigation in regard to the same matter of Rasara and Nagara.

d. And pass any other order as this Hon'ble Court may deem fit and facts and circumstances of this case.

e. Award the cost of the writ petition."

From the perusal of the relief sought for by the petitioner, it is apparent that he seeks stay of the enquiries which have been initiated pursuant to Annexure-13 of the writ petition. We are not inclined to stay enquiries which might have been initiated or going on against the petitioner pursuant to Annexure-13 because it is open to the petitioner to challenge the result of the enquiry as and when it is concluded and any order affecting his interest is passed.  

In these circumstance, we do not find any force in this petition at this stage. It is, accordingly, dismissed.

Dt. 22.5.2007



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