Shiv Prasad Pandey v. State of U.P. Thru. Prin. Secy. Panchayati Raj Deptt. Secrt. Lko. and Others

Court No. - 1 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 924 of 2023 Petitioner :- Shiv Prasad Pandey Respondent :- State Of U.P. Thru. Prin. Secy. Panchayati Raj Deptt. Secrt. Lko. And Others Counsel for Petitioner :- Ashish Kumar Tiwari,Shiv Sinha Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Attau Rahman Masoodi,J. Hon'ble Om Prakash Shukla,J.

¶1Heard learned counsel for the parties.

¶2The petitioner had previously filed a writ petition before this Court and the same was dismissed on

26.09.2023 as withdrawn with permission to institute a public interest litigation.

¶3It is in this backdrop that the cause for construction of Nali alongside the chak road for connecting the drainage to the main Nala has come to be raised before this Court in the present public interest litigation.

¶4Learned counsel for the petitioner has submitted that an assurance was extended by the concerned gram panchayat for construction of Nali but no such development has taken place.

¶5Sri Mohan Singh, learned counsel for the gram panchayat on the other hand has argued that the gram panchayat lacks sufficient fund for construction of Nali as prayed but as and when the project is sanctioned under any development scheme, necessary action in this regard shall be taken by the gram panchayat.

¶6It is also submitted that in absence of any sanction, the gram panchayat cannot proceed with the construction or utilisation of public fund, inasmuch as, the same may become a matter of protest by the other villagers.

¶7In the circumstances of the case, we permit the petitioner to take up the matter before the opposite party no.2 by making an appropriate representation and in case the representation made by the petitioner is found favour with, necessary action for construction of Nali to align with the main Nala be carried out without allowing the grievance to survive any further.

¶8With these observations, the writ petition is finally disposed of. Order Date :- 11.10.2023/Shahnaz High Court of Judicature at Allahabad, Lucknow Bench