SAMAR SINGH Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2015-8-135
HIGH COURT OF ALLAHABAD
Decided on August 10,2015

SAMAR SINGH Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

Suneet Kumar, J. - (1.) THE petitioner is resident of village Badauli, Nayagaon, Tehsil Rampur, District Saharanpur, the petitioner is seeking a direction to the respondents to initiate fresh and fair inquiry in respect of complaint made by the villagers against the village pradhan as well as Gram Vikas Adhikari, Gram Panchayat Badauli Nayagaon, Tehsil Rampur, District Saharanpur. Admittedly, the petitioner is seeking a direction against the sitting Pradhan pursuant to a complaint lodged by him. The record would reflect that on the same complaint made by the petitioner, the competent authority had instituted an enquiry consisting of two district level officers to enquire into the complaint, the committee in its report dated 23 September, 2014 (Annexure -4) exonerated the Pradhan, the complaint was found to be without any basis. The petitioner seeks re -enquiry on the same complaint.
(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. Learned Standing Counsel appearing for the State -respondents would submit that the petition at tine behest of the complainant is not maintainable. Reliance has been placed on Dharam Raj v. State of U.P. and others, 2009 (108) RD 689 (LB), Ram Baron v. State of U.P. and others : 2010 (2) AWC 1947 (LB), and Amin Khan v. State of U.P. and others : 2008 (104) RD 616 (DB).
(3.) THE petitioner admittedly is a complainant in the present case, hence would not be a person aggrieved.;


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