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Allahabad High Court

DALVEER SINGHversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The Court will not entertain the writ petition ordering an inquiry and directs the petitioner to approach the appropriate authority under MGNREGA.

Summary

The petitioner, Dalveer Singh, filed a writ petition seeking a court order to initiate an inquiry against the Pradhan of a Gram Panchayat at the end of his tenure, alleging extraneous circumstances. The High Court examined whether it could entertain such a petition and direct an inquiry. The Court held that it is not inclined to entertain the writ for ordering an inquiry. Instead, it advised the petitioner to file an application under the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 before the appropriate authority to initiate the inquiry. Consequently, the writ petition was disposed without any order for inquiry.

Issues considered

  • Whether the High Court can entertain a writ petition directing an inquiry against a Gram Panchayat Pradhan at the end of his tenure.
  • Whether the petitioner must approach the relevant authority under the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 to seek an inquiry.

Legislation cited

Subjects

  • Writ Petition
  • Administrative Law
  • Gram Panchayat
  • Inquiry
  • MGNREGA
  • Public Servant
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 36487 of 2026

                                    Dalveer Singh
                                                                                                 .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 4 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)        : Gunjan Sharma, Namit Kumar Sharma
                                    Counsel for Respondent(s)        : C.S.C.

                                    Court No. - 36
                                               HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Heard Sri Namit Kumar Sharma, learned counsel for petitioner and Sri

                                    Shyam Singh, learned Standing Counsel for State-Respondents.


                                    2. The Court is not inclined to entertain this writ petition to pass an order
                                    to initiate inquiry against Pradhan of concerned Gram Prachayat at the fag

                                    end of his tenure being prima facie suffered with extraneous

                                    circumstances.


                                    3. However, this order will not come in way if an application is filed

                                    under relevant provisions of Mahatma Gandhi National Rural

                                    Employment Guarantee Act, 2005 before concerned authority to initiate

                                    inquiry against concerned Pradhan.


                                    4. With aforesaid observation, this writ petition is disposed of.


                                                                                (Saurabh Shyam Shamshery,J.)
                                    September 14, 2026
                                    AK




Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad


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