Hon'ble Dinesh Kumar Singh,J.
Notice on behalf of opposite party nos. 1 to 5 has been accepted by the learned Chief Standing Counsel. For the order proposed to be passed, there is no need to issue notice to opposite parties no.6, as such notice to her is hereby dispensed herewith.
The writ petition has been filed seeking the following reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus thereby directing the opposite party no.2 (Prescribed Authority: District Magistrate, Bahraich) to initiate independent and impartial proceedings with regard to complaint dated 28.1.2021 contained as Annexure No.12 and take strict and prompt action against opposite party no.4 to 6 and other responsible erring, careless and corrupt concern officials of Development Block-Kaisarganj under Section 95-1 (g) and Sec. 27 of U.P. Panchayat Raj Act 1947 and U.P. Panchayat Raj Rules, 1997 within stipulated period in the interest of justice.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no.1 and 2 to take strict legal and disciplinary action against the opposite party no.3 for linger on the inquiry regarding misappropriation of fund of the Gaon Sabha, Gorahiya No. 1 under illegal and corrupt pressure of local politicians in the interest of public at large.
(iii) Issue a writ, order or direction in the nature of mandamus thereby directing the opposite party no.1 to 3 to take strict and prompt legal action against the opposite party no.4 to 6 for committing forgery with the petitioner regarding allotment of PMAY Awas bearing I.D. No. 14096003 within stipulated period in the interest of justice.
(iv) Issue a writ, order or direction in the nature of mandamus thereby directing the opposite party no.3 and 4 to provide IInd installment of PMAY Awas to the petitioner (Awas Plus I.D. No. 14096003) within stipulated period in the interest of justice.
(iv) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case.
(v) Allow this writ petition with cost."
After hearing learned counsel for the petitioner and going through the records, we find that some complaint has been preferred by the petitioner against the then Pradhan and Village Development Officer, a copy of which is annexed as Annexure No.12 to the writ petition.
Learned counsel for the petitioner submits that the said complaint has been made under Section 95 (1) (g) of U.P. Panchayat Raj Act, 1947 and the requirements under the U.P. Panchayat Raj Rules in this regard are fulfilled as the affidavit in support of the application has also been filed. It is submitted that the said application is pending with the District Magistrate, Bahraich, however he has not considered the same till date.
Be that as it may, with the consent of parties' counsel and without entering into the merits of the case, we dispose of the writ petition with the observation that the opposite party no.2/District Magistrate, Bahraich may consider and decide the application of the petitioner dated 5.3.2021, a copy of which is annexed as Annexure No. 12 to the writ petition, in accordance with law expeditiously.
(Dinesh Kumar Singh, J.) (Ritu Raj Awasthi, J.) Order Date :- 26.8.2021 Arjun/-