Court No. - 42
Case :- WRIT - C No. - 23373 of 2021 Petitioner :- Asharam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Surendra Kumar Chaubey,Tapeshwari Prasad Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents and perused the record.
Present petition has been been filed with following prayer:-
"issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2 to enquire the matter and taken necessary action against the respondent no. 4 regarding the embezzlement of village fund on the complaint dated 20.8.2019 made by the petitioner within stipulated period, so fixed by this Hon'ble Court."
Learned Standing Counsel pointed out that different allegations have been leveled in different applications filed by the petitioner, as such, on the basis of the same, complaint does not appears to be sound.
Be that as it may, all such facts can be considered by the authority concerned on its own merits, strictly in accordance with law as admittedly, now respondent no. 4 is Ex Pradhan of the village and it would be only a question of recovery of the said amount, in case, any substance is found in the complaint of the petitioner.
Accordingly, present petition stands disposed of with a direction to the respondent no. 2, District Magistrate, Fatehpur to pass appropriate orders on the applications filed by the petitioner on its own merits, strictly in accordance with law, preferably within a period of two months from the date of production of self- attested copy of this order, which may be verified from the official website of this Court.
In case, any substance is found in the complaint of the petitioner, necessary action shall also be taken by the authority concerned in accordance with law.
It is made clear that this Court has not considered the claim of the petitioner on merits.
It is made clear that if for considering the complaint and passing order of recovery some other authority is competent then the District Magistrate, Fatehpur shall expeditiously forward the complaint/ proceedings before the competent authority, who shall decide the same within the same time frame as already provided in this order.
With the aforesaid observation/ direction, present petition stands disposed of.
Order Date :- 21.9.2021/Aditya