RAM YAGYA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Amit Kumar Singh Bhadauriya, learned counsel for the petitioner and the Standing counsel.

(2.) It has been submitted by learned counsel for the petitioner that the petitioner is a duly elected Pradhan of Village Nidura, Block Jaisinghpur, District Sultanpur and has been holding the office since 2021. The grievance raised in the present writ petition is with regard to repeated frivolous complaints made against the petitioner by one Kapil Muni. It has been submitted that the first complaint was made against the petitioner on 15/6/2024 which was made on Sampurna Samadhan Divas. It is stated that the said complaint was with regard to a pond situated at gata No. 485/0.708 hectare which has been made stating that the petitioner by playing fraud has misappropriated the fund and subsequently allegations have been made for selling the same illegally. Inquiry was conducted by Block Development Officer on 31/7/2024 and he held that he could not find any merit in the allegations in the complaint which could not, therefore, be verified.

(3.) The second complaint was made on 24/6/2024 which was addressed to the District Magistrate and it seems that the said letter was endorsed to Chief Development Officer and in the second complaint also inquiry was conducted by Block Development Officer, who submitted report on 25/6/2024 recording a finding that the facts in the complaint could not be verified. At this stage, it is pertinent to mention that though the complaints made on Sampurna Samadhan Divas was prior to the complaint made to the District Magistrate who had directed inquiry be conducted by Khand Vikas Adhikari who submitted report prior to the inquiry conducted by Gram Vikas Adhikari. It is also been submitted that it is on the basis of the aforesaid complaint that the District Magistrate has proceeded under the provisions of Sec. 95(1) (g) of U.P. Panchayat Raj Act, 1947 and directed the District Social Welfare Officer to conduct inquiry into the complaint made by Kapil Muni and accordingly in the present writ petition has been filed in which prayer has been made to quash the order of the District Magistrate dtd. 26/7/2024 wherein he has directed for conducting inquiry under Sec. 95 (1) (g) of the Act of 1947.