A former village Pradhan has no locus standi to demand the amount of Govansh Bharan Poshan if he is not the Village Pradhan at the time of filing the writ petition.

Court No. - 3

Case :- WRIT - C No. - 25370 of 2022

Petitioner :- Balbant Singh

Respondent :- State Of U.P. And 4 Others

Counsel for Petitioner :- Ravindra Kumar,Amit

Counsel for Respondent :- CSC

Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Jayant Banerji,J.

Case called out. None appears for the petitioner to press the writ petition.

Learned standing counsel is present.

The petitioner is ex-Pradhan of village Dhwani, Block Chirgaon, District Jhansi.

He claims himself to be running a Gaushala at Village Dhwani and has filed the

present writ petition praying for the following relief:

"I) Issue a writ order or direction in the nature of mandamus to direct the

respondents authorities to comply with Government orders Annexure NO.1 and 2

to the writ petition.

II) Issue a writ order or direction in the nature of Mandamus directing and

commanding the respondents authorities to make balance amount Rs.91,47,750/-

(Ninety One Lakhs, forty seven thousand, seven hundred fifty only) to the

petitioner forthwith."

On 02.09.2022, this court passed the following order:

"Heard learned counsel for the petitioner and the learned Standing Counsel for

the State respondents.

This petition has been filed by the petitioner praying for a direction to be issued

to the respondent to comply with the Government Order. Such a prayer is

extremely vague as the Government Order which needs to be complied with is not

mentioned in the prayer. However, a further prayer has been made by the

petitioner for release of Rs. 91,47,750/-, as the balance amount of dues to be paid

by the respondent to the petitioner.

It has been argued by the learned counsel for the petitioner that the petitioner is

running a Gaushala and in terms of the Government Order dated 11.02.2019, a

provision has been made for Rs. 1.5 crores per district of the 7 Districts of

Bundelkhand by Pashu Mandir Parisad. The Land Management Committee of the

Gram Panchayat-Dhwani, Block-Chirgaon, Tehsil-Moth, District-Jhansi has

provided Gaon Sabha land of 4 Gata in Village Griati which were recorded as

Banjar land, to the petitioner for running the Gaushala. The petitioner has been

running the Gaushala since December, 2018 and he had been released Rs.

83,55,000 as per page no. 34 of the writ petition. The petitioner has now prayed

for release of Rs. 91,47,750 as balance amount and the Block Development

Officer by his letter dated 05.08.2021 has recommended the release of such

amount in favour of the petitioner by writing a letter to the Chief Veterinary

Officer, Jhansi.

It is not clear as to how Rs. 1.5 crores meant for the entire District of Jhansi has

been allocated to the petitioner who has set up a Gaushala on Gaon Sabha land

as he was Ex Pradhan. The District Magistrate, Jhansi is directed to look into the

matter as to the irregularities committed by the petitioner as Ex Gram Pradhan

Gaon Sabha-Dhwani and also inquire as to how the Block Development Officer,

Jhansi has recommended the release of balance amount of more than 91 lakhs to

the petitioner alone to run just one Gaushala in one village.

The District Magistrate, Jhansi shall send his report to the office of CSC of this

Court by 22.09.2022.

List on 22.09.2022, as fresh."

Since no report was submitted by the District Magistrate Jhansi, therefore, on

03.11.2022, this court again directed the District Magistrate, Jhansi to file his

personal affidavit annexing therewith report which he may have prepared

pursuant to the order dated 02.09.2022. In compliance, the District Magistrate,

Jhansi has filed a personal affidavit dated 08.12.2022. In paragraphs-8, 9, 10, 11,

12 and 13 of his personal affidavit, the District Magistrate, Jhansi has stated as

under:

"8. That with regard to the claim of petitioner for payment of Rs.91,47,750/- is

totally misconceived for the reasons that now petitioner is not at all Village

Pradhan Dhwani and he has no locus to get the amount of the Govansh Bharan

Poshan, petitioner