Hon'ble Jaspreet Singh,J.
Heard Sri Amit Kumar Keshari, learned counsel for the petitioner and Sri Anand Singh, learned Standing Counsel for the State respondents.
This public interest litigation has been filed by the petitioner, who is a resident of Village Patauna, Block Katehri, Tehsil Akbarpur, District Ambedkar Nagar, on the ground that Secretary and Gram Pradhan of the Gram Panchayat concerned have committed number of illegalities in allotting the houses under the P.M. Awas Yozna and they have allotted the houses to ineligible persons. He further submits that a complaint in this regard was made and enquiry was held and as per the enquiry report dated 29.08.2017 action has been taken against the Secretary of the Gram Panchayat but no action has been taken against the respondent no. 7 Gram Pradhan. Learned counsel for the petitioner has also drawn out attention to the enquiry report dated 28.03.2019 in respect of the irregularities in depositing the tax and in construction of crematorium in the village. Thereafter a show cause notice has been issued to the said Gram Pradhan under Section 95 (1) (Chha) of U.P. Panchayat Raj Act, 1947 but no action has been taken in the same.
On due consideration of the aforesaid, we are of the view that if the petitioner has any grievance against the Gram Pradhan concerned then in that event he may take appropriate legal recourse as available to him under the U.P. Panchayat Raj Act, 1947 but as far as this Court is concerned, this Court cannot come to rescue of the petitioner.
In view of the statutory remedy provided for, the present public interest litigation is not maintainable and is, accordingly, dismissed.
[ Jaspreet Singh, J. ] [ Pankaj Kumar Jaiswal, J. ] Order Date :- 30.8.2019 Shekhar