Haridwar Mishra & Anr. vs State Of U.P. Thru. Secy. ...
2019 Latest Caselaw 4383 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 23
 
Case :- SERVICE SINGLE No. - 12788 of 2019
 
Petitioner :- Haridwar Mishra & Anr.
 
Respondent :- State Of U.P. Thru. Secy. Institutional Finance Lucknow &Ors
 
Counsel for Petitioner :- Virendra Mishra
 
Counsel for Respondent :- C.S.C.,J.B.S.Rathor
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Virendra Mishra, learned counsel for the petitioners.

Notices on behalf of opposite party Nos.1, 2 & 3 have been accepted by the office of the learned Chief Standing Counsel, while Sri J.B.S. Rathor, Advocate has accepted notice on behalf of opposite party No.5.

Issue notices to opposite party Nos.4 & 6 to 9, returnable at an early date, for which, necessary steps be taken within a week.

Office to proceed accordingly.

The learned Additional Chief Standing Counsel has raised a preliminary objection regarding maintainability of the writ petition by saying that the present petition may not be maintained at the behest of petitioner Nos.1 and 2 as they are not aggrieved persons.

Learned counsel for the petitioners has submitted that the petitioner No.1 is a founder member and petitioner No.2 is life member of Sri Hanumant Uchattar Madhyamik Vidyalaya, Narsra, District-Sultanpur, therefore, the instant writ petition may be filed by the present petitioners.

Let the counter affidavit be filed within a period of four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List this petition in the week commencing 08.07.2019 as fresh.

By filing counter affidavit, the learned counsel for the opposite parties may take specific plea regarding maintainability of the writ petition and objection with respect to maintainability of the writ petition shall be decided first.

Order Date :- 10.5.2019

Suresh/

[Rajesh Singh Chauhan,J.]