Nisha Sahu vs State Of U.P.Thru Prin.Secy. Home ...
2021 Latest Caselaw 1994 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 22666 of 2020
 

 
Petitioner :- Nisha Sahu
 
Respondent :- State Of U.P.Thru Prin.Secy. Home Deptt. Lucknow & Ors.
 
Counsel for Petitioner :- Lalji Yadav
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Rajeev Singh,J.

Heard Sri Lalji Yadav, learned counsel for the petitioner and Sri D.S. Rana, learned A.G.A. for the State.

By means of this writ petition, the petitioner has prayed for a direction to respondent nos. 2 and 3 to take appropriate action against respondent nos. 4 and 5 on the application/complaint of the petitioner dated 11.11.2020.

Learned A.G.A. has raised a preliminary objection regarding the maintainability of the present petition before this Court and has drawn our attention towards the prayer made in the present writ petition. When a pointed query was made from the counsel for the petitioner regarding maintainability of the prayer made in the present writ petition, he could not give a satisfactory reply and only stated this Court in the light of the judgment of the Apex Court in the case of Lalita Kumari vs. Government of Uttar Pradesh and others reported in (2014) 2 SCC 1 can issue a direction as prayed for in the present petition.

The learned AGA further pointed out that the controversy involved in the present matter has already been decided by this Court in similar matter in Misc. Bench No. 24492 of 2020: Waseem Haider Vs. State of U.P. Through Principal Secretary, Home Others vide judgment and order dated 14.12.2020 dismissing the said petition, hence, the present petition be also dismissed in terms of the said order.

Accordingly, the present writ petition is dismissed with liberty to the petitioner to avail the appropriate remedy before appropriate Forum.

(Rajeev Singh, J.) (Ramesh Sinha, J.)

Order Date :- 3.2.2021

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