Neeraj Kumar Singh And Ors. vs State Of U.P. And Ors.
2013 Latest Caselaw 45 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- WRIT - A No. - 17087 of 2013
 

 
Petitioner :- Neeraj Kumar Singh And Ors.
 
Respondent :- State Of U.P. And Ors.
 
Petitioner Counsel :- Sikandar Khan,Suneet Kumar
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Heard Sri Suneet Kumar, learned counsel for the petitioner and Ashok Kumar Yadav, learned Standing Counsel and by Sri Neeraj Upadhay learned Additional Chief Standing Counsel.

The petitioners are aggrieved by the order dated 28.2.2013 passed by  the District Inspector of Schools, Ballia who according to the petitioners, has overlooked the facts and the entire documents of the litigation involved in the present matter, and, without referring to the earlier writ petition, has passed the impugned order. 

Sri Suneet Kumar has filed a supplementary affidavit today bringing on record the communication of the Accounts Officer dated 11.3.2013.  The request made by the Accounts Officer, who is also the Prabandh Sanchalak of the College has referred to the earlier litigation and has made a request to the District Inspector of Schools to recall order dated 28.2.2013. 

The supplementary affidavit is accepted on record.

In view of the conflict between the order of the District Inspector of Schools and the communication of the Accounts Officer as well as  the allegations made until further orders of the Court, implementation of the order dated 28.2.2013 shall remain stayed and the District Inspector of Schools represented by the learned Standing Counsel, shall explain as to how and under what circumstances the order dated 28.2.2013 has been passed, ignoring the earlier litigation and the details of such dispute involved in the institution in question.

Issue notice to respondents 4 to 10 returnable at an early date.

Steps within a week.

List after three weeks.

Order Date :- 1.4.2013

Priyanka