Mukesh Kumar v. State of U.P. and 6 Others

Court No. - 6 Case :- WRIT - C No. - 35577 of 2023 Petitioner :- Mukesh Kumar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Abhishek Saroj,Sunil Kumar Yadav Counsel for Respondent :- C.S.C.,Pradeep Singh Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Abhishek Saroj, learned counsel for the petitioner, Mr. Pradeep Singh, learned counsel for respondent no.6-Gaon Sabha and learned Standing Counsel for the State-respondents. This writ petition has been filed by the petitioner with a prayer to direct the respondent no.2-District Magistrate, Bhadohi to decide the objection dated 13.09.2023 against the inquiry report dated 01.09.2023 submitted by the respondent no.3 and constitute a High Level Committee led by any Ist Class Magistrate, to inquire into the matter and submit consequential report thereof. Learned counsel for the petitioner submits that the inquiry as conducted against the fair price shop license holder-respondent no.7 has not been done in a proper manner, therefore, an objection has been reaised to get an inquiry conducted by a High Level Committee. Learned Standing Counsel and learned counsel for respondent no.6-Gaon Sabha on the other hand submit that the petitioner has no locus to file such petition, therefore, this petition is not maintainable. In support of their contention, they have relied upon the judgement of this Court in the case of Lakki Sonkar vs. State of U.P. and 5 others passed in Writ -C No. 11528 of 2023. In view of the above, the present petition is dismissed as not maintainable. Order Date :- 29.11.2023 Kalp Nath Singh High Court of Judicature at Allahabad