- (1.) The petitioner is a complainant, had earlier approached this Court by filing a petition, being Writ-C No.31810 of 2013 (Bunela vs. State of U.P. and others) which was disposed on 30.5.2013 with a direction to the District Magistrate, Kushinagar to ensure that final decision is taken on the complaint of the petitioner within three months. Pursuant thereof, the District Magistrate, Kushinagar vide order dated 22.7.2013 informed that the complaint filed by the petitioner lacks merit consequently the complaint was rejected against the fourth respondent who is an ex-Pradhan. The petitioner again approached the second respondent to conduct proper and fair enquiry by an independent agency.
(2.) A preliminary objection has been raised by the learned Standing Counsel regarding the maintainability of the writ petition at the behest of the petitioner.
(3.) Learned Standing Counsel appearing for the Staterespondents would submit that the petition at the behest of the complainant is not maintainable against the final order. Reliance has been placed on Dharam Raj Versus State of U.P. and others, 2010 2 AWC 1878 , Ram Baran Versus State of U.P. and others, 2010 2 AWC 1947 and Amin Khan Versus State of U.P. and others, 2008 4 ADJ 559 (DB)].;