Anuj Kumar Singh and Another v. State of U.P. Thru. Prin. Secy. Panchayat Raj Deptt. Lko. and Others

Court No. - 1 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 916 of 2023 Petitioner :- Anuj Kumar Singh And Another Respondent :- State Of U.P. Thru. Prin. Secy. Panchayat Raj Deptt. Lko. And Others Counsel for Petitioner :- Vimal Kishor Singh,Anoop Chandra,Mansi Gupta Counsel for Respondent :- C.S.C.,Aakash Singh Hon'ble Attau Rahman Masoodi,J. Hon'ble Om Prakash Shukla,J.

¶1Heard learned Counsel for the petitioners, Shri Aakash Singh, learned Counsel for respondents nos.2 to 4 and 11 and Shri Amitabh Rai, learned Additional Chief Standing Counsel for the State-respondents.

¶2Shri Aakash Singh, learned Counsel for the respondents no.2 to 4 and 11 has raised a preliminary objection against the maintainability of the present writ petition filed in public interest. It is submitted that as against the grievance raised by the petitioners in the present writ petition filed in public interest, the petitioners have an alternative remedy by virtue of Section 95(1)(g) of U.P. Panchayat Raj Act, 1947 (hereinafter referred to as 'Act 1947') as has been held in a judgment of this Court rendered in Writ Petition No.26883 of 2019 decided on

10.01.2020.

¶3Learned Counsel for the petitioners having glanced through the judgment placed reliance upon in support of the preliminary objection is unable to justify as to why such a course may not be adopted by him to seek redressal of his grievance.

¶4Leaving it open to the petitioners to avail the alternative remedy under Section 95(1)(g) of the Act 1947 in terms of the judgment referred to hereinabove, the present writ petition is permitted to be withdrawn without any prejudice to the rights of challenge. In case any such proceeding is initiated, it is expected that the competent authority shall proceed expeditiously in accordance with law.

¶5With the aforesaid observations, this petition is dismissed as withdrawn. (Om Prakash Shukla, J.) (Attau Rahman Masoodi, J.) Order Date :- 12.10.2023 Anand Sri./- High Court of Judicature at Allahabad, Lucknow Bench