Allahabad High Court
SOORAJ SINGHversusSTATE OF U.P. AND 7 OTHERS
- Decided
Holding
The petition was disposed as respondent No.8 had already been removed by the order dated 12 September 2026.
Summary
The petitioner filed a public interest litigation seeking the removal of respondent No.8 from the post of Administrator of the Village Panchayat of Ramana Taufeer, alleging that a District Magistrate’s order dated 15 July 2026 had found the respondent guilty of wrongdoing and ordered a recovery. The petitioner argued that despite this order, the respondent was reappointed as Administrator after the Gram Panchayat’s tenure ended. The court noted that an order dated 12 September 2026 had already removed respondent No.8 and appointed the Assistant Development Officer as the new Administrator. Since the removal had been effected before the petition was filed, the court held that the petition could not be entertained. Consequently, the petition was disposed, with the court directing the respondents to pursue the recovery ordered on 15 July 2026, subject to any legal impediment.
Issues considered
- Whether a petition seeking removal of an administrator is maintainable when the respondent has already been removed by a subsequent order.
- Whether the court should direct the recovery ordered by the District Magistrate in the pending petition.
Subjects
- Public Interest Litigation
- Panchayat administration
- Removal of officer
- Recovery order
- Judicial discretion
- Administrative order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2085 of 2026
Sooraj Singh
.....Petitioner(s)
Versus
State of U.P. and 7 others
.....Respondent(s)
Counsel for Petitioner(s) : Firdos Ahmad for Kanhaiya Lal Tiwari
Counsel for Respondent(s) : Rajiv Singh (S.C.)
Chief Justice's Court
HON'BLE ARUN BHANSALI, CHIEF JUSTICE
HON'BLE KSHITIJ SHAILENDRA, J.
1. This petition has been filed by the petitioner inter alia seeking removal
of respondent no.8 from the post of Administrator of the Village
Panchayat of Village Ramana Taufeer, Post Baldiya Kunwar, Police
Station Dubaulia, Tehsil Harraiya, District Basti.
2. Submissions were made that by Office Order dated 15 July 2026 of the
District Magistrate, Basti, respondent no.8 was found guilty of
wrongdoing and a recovery was ordered, however, the said respondent
no.8 has been appointed as Administrator post the tenure of the Gram
Panchayat was over.
3. Learned Standing Counsel was directed to obtain instructions in this
regard.
4. Instructions have been produced inter alia indicating that an order
dated 12 September 2026 has been passed, whereby respondent no.8 has
been removed as Administrator and the Assistant Development Officer
(Panchayat), Development Block Dubaulia has been appointed as
Administrator.
5. Counsel for the petitioner submits that by the order dated 15 July 2026,
a recovery was ordered against respondent no.8, which amount be also
ordered to be recovered.
6. Once the order dated 15 July 2026 is there, and not much time has
WPIL No. 2085 of 2026
2
passed since the passing of the said order, filing of the petition for the said
purpose at this stage, cannot be countenanced.
7. Consequently, in view of order dated 12 September 2026 passed by the
respondents removing respondent no.8 as Administrator, the petition
stands disposed of.
8. It goes without saying that the respondents would take appropriate
steps for recovery in terms of order dated 15 July 2026, subject to any
legal impediment.
(Kshitij Shailendra, J) (Arun Bhansali, CJ)
September 18, 2026
AHA/Jyotsana
Digitally signed by :-
AFZAL HUSAIN ABBASI
High Court of Judicature at Allahabad
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