Court No. - 29
Case :- WRIT - C No. - 31828 of 2021 Petitioner :- Bajrangi Prasad And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar,Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble Pritinker Diwaker,J. Hon'ble Ashutosh Srivastava,J.
The petitioners are the Sabhasads of Nagar Panchayat Azmatgarh, District Azamgarh. Their grievance is against the respondent no. 3, who is the Chairman of the Nagar Panchayat, and who according to the petitioners has been misusing his office and indulging in misappropriation of the public funds and activities detrimental to the interest of the Nagar Panchayat.
It is contended on behalf of the petitioners that Section 48 (2a) of the U.P. Municipalities Act, 1961 empowers the State Government to conduct an inquiry and pass consequential orders against the Chairman of a Nagar Panchayat. The petitioners along with other villagers have moved various applications to the State Government, but the State Government has not initiated any inquiry or for that matter taken any action against the respondent no. 3. They submit that the purpose of the writ petition would be served if directions are issued to the State Government requiring it to proceed against the respondent no. 3 under Section 48 of the U.P. Municipalities Act, 1961.
Learned Standing Counsel appearing for respondent nos. 1 and 2 has no objection to the above proposition and he points out that the petitioners have filed an application dated 18.10.2021 (Annexure-5 to the writ petition) addressed to the Minister and Principal Secretary, Nagar Vikas, Anubhag-I, Government of Uttar Pradesh and submits that direction may be issued for passing necessary orders on the said application.
Having considered the submissions, we are of the opinion that no fruitful purpose shall be served by keeping the writ petition pending and, accordingly, dispose of the same by expecting the Principal Secretary, Nagar Vikas, Anubhag-I, Government of U.P., Lucknow to look into the grievance of the petitioners as raised in the application dated 18.10.2021 and pass appropriate orders thereon preferably within four weeks from the date of service of a certified copy of the order of this Court.
Order Date :- 20.12.2021 Ravi Prakash