- (1.) Heard the learned counsel for the petitioner Shri Girish Chandra Sinha, learned Standing Counsel Shri Manjeet Shukla and Shri Vyas Narayan Shukla, learned counsel appearing for the Opposite party no.4.
(2.) This petition has been filed challenging the order dated 16.09.2020 by which the Financial and Administrative powers of the petitioner under Section 95 (1) (g) of the U.P. Panchayat Raj Act, has been ceased by the District Magistrate, Amethi, in purported compliance order passed by this Court on 20.12.2019 disposing of the Writ Petition No.36033 (M/S) of 2019 (Prabha Chandra Tripathi @ Manish Tiwari Vs. State of U.P. and Others) wherein this Court had directed the writ petitioner therein to file a complaint in accordance with the U.P. Panchayat Raj (Removal of Pradhan, Up-Pradhan and Members) Enquiry Rules, 1997, before the District Magistrate concerned who shall take appropriate action thereafter.
(3.) It is the case of the petitioner that the petitioner was elected as Gram Pradhan of Village Semuhi in the year 2015 and took oath on 26.12.2015. The complainant was also a candidate in the Election and disgruntled with this has submitted a complaint to the District Magistrate on 19.11.2019 which was not being properly acted upon, therefore, he approached this Court alleging inaction on the part of the District Magistrate, Amethi. This Court disposed of the petition with a direction as mentioned hereinabove. In the garb of compliance of the order passed by this Court on 20.12.2011 a preliminary enquiry was instituted against the petitioner. The Enquiry report was submitted by the District Agriculture Officer. The petitioner was issued Show Cause Notice. Thereafter the petitioner replied to the Show Cause Notice explaining that there was no irregularity in his possession over the land in question of Plot No.513 which has been recordedin the Revenue Record as Parti Jadid i.e. the other vacant/non-agricultural land. The petitioner had constructed a house much before he was elected the Gram Pradhan over the land in question and had also let it out to the Bank by an Agreement dated 05.08.2015 much before he became Gram Pradhan. It was submitted by the petitioner that a lease was executed in his favour of the land in question by the Sub-Divisional Officer, Gauriganj and he had also deposited the Fee/Premium for the same on 31.12.1992 in the Government Treasury in pursuance of such allotment.;