Awadhesh Kumar Tiwari v. State of U.P. Thru. Prin.Secy. Home Civil Secrt. Lko. and Others

Court No. - 1 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1116 of 2023 Petitioner :- Awadhesh Kumar Tiwari Respondent :- State Of U.P. Thru. Prin.Secy. Home Civil Secrt. Lko. And Others Counsel for Petitioner :- Ashok Kumar Mishra,Rajan Singh Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Attau Rahman Masoodi,J. Hon'ble Om Prakash Shukla,J.

¶1Heard learned counsel for the petitioner and learned Standing Counsel representing the State.

¶2This petition filed in public interest has raised a grievance as regards non-implementation of development activities, including the installation of CCTV cameras in the Panchayat Bhawan for which a sum of Rs.81,790/- is said to have been utilized. The erection of streetlights in the Gram Panchayat concerned for a sanctioned budget of Rs.1,92,500/- has also been agitated to be mis-utilized.

¶3Learned counsel appearing for the petitioner has submitted that neither the work of installation of CCTV Cameras in the Panchayat Bhawan nor the erection of street-lights in the Gram Panchayat concerned have been done, though the aforesaid amounts have shown to have been utilized on paper.

¶4In nutshell, the grievance raised in the instant P.I.L. is that the public fund has been misappropriated; rather embezzled by the opposite party nos.5 and 6 respectively. A detailed representation signed by the villagers has been preferred before the District Magistrate concerned, which is contained in annexure-5 to the writ petition. Though the representation was submitted on 14.08.2023 before the District Magistrate, but the same is said to have remained unattended.

¶5In the circumstances of the case and looking to the approval of the aforesaid amounts, as is reflected from the documents placed on the record, we direct the District Magistrate to look into the matter and ensure that if the necessary facilities are not provided to the villagers, necessary action by adopting fair procedure may be taken on the complaint expeditiously by asking the petitioner to file his affidavit so as to own the allegations and the falsity thereof.

¶6With the aforesaid observations and directions, the Public Interest Litigation is disposed of finally. Order Date :- 4.12.2023 akhilesh/ High Court of Judicature at Allahabad, Lucknow Bench