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Shitla Prasad v. State Of U.P. And Others - WRIT - C No. 63932 of 2006 [2006] RD-AH 20065 (27 November 2006)


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. Dr. B.S. Chauhan, J.

Hon. Dilip Gupta, J.

This Writ Petition has been filed challenging the order consequential to the order passed by this Court in the Writ Petition filed by the respondent no.5. We  fail to understand how the petitioner, who claims himself to be the Pradhan can have any grievance against the order which has been passed pursuant to the order of the High Court.

The further question that arises is as to whether this petition has been filed by the Pradhan in his personal capacity or in the capacity of a Gram Pradhan and whether there is any resolution of Committee or the General Body of the Gaon Sabha for filing this petition. It has to be examined whether in such a manner public money can be utilised by the Pradhan without having any resolution from the Gaon Sabha as petitioner repeatedly mentioned in various paragraph that he is the Gram Pradhan of Gram Sabha Kathinai, Post Pahari, Vikas Khand Pahari, Tehsil Sadar, District Mirzapur. It can be a case of sheer wastage of public money by filing this Writ Petition for the relief which cannot be granted by the Court. Therefore, we dismiss this petition with request to the learned District Collector, Mirzapur to examine as to whether the petitioner has withdrawn any amount from the public fund to meet the expenses of this Writ Petition and if so, to make the recovery of the same from the petitioner and initiate the proceedings against the petitioner under Section 95(1)B of the Panchayat Raj Act.

The copy of the order may be served to the District Collector, Mirzapur by the learned Standing Counsel directly. Let a certified copy of the order be made available to the learned Standing Counsel today for the aforesaid purpose.

Date: 27.11.2006



Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites


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