Court No. - 1
Case :- WRIT - C No. - 41745 of 2019 Petitioner :- Virendra Arya Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shyam Singh Sengar Counsel for Respondent :- C.S.C.
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri Shyam Singh Sengar, learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents and perused the record.
By means of this writ petition, under Article 226 of the Constitution of India, the petitioner has prayed for a writ of mandamus to the State Government to undertake exercise under Section 48 of the U.P. Municipalities Act, 1916 on the basis of a enquiry report submitted by three members committee consisting of the Executive Engineer, Nagar Palika Parishad, the Executive Officer, Electricity Supply Unit and the Executive Officer of the Public Works Department.
In our considered opinion, this is not an enquiry as contemplated under Section 48 of the U.P. Municipalities Act, 1916 to warrant any action by the State Government nor, do we find any such reference of the letter of the State Government permitting such an enquiry in the matter exercising power under Section 48 of the Act.
It appears that some enquiry got constituted by the District Magistrate which in our considered opinion is not an enquiry per procedure and, therefore, no writ of mandamus can be issued at this stage.
Learned counsel for the petitioner prays for withdrawal of the writ petition.
Accordingly, the writ petition is dismissed as withdrawn at this stage.
(Ajit Kumar, J.) (Ramesh Sinha, J.) Order Date :- 17.12.2019 NS