Kuldeep And Another vs State Of U.P. And 6 Others
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Allahabad High Court

Kuldeep And Another vs State Of U.P. And 6 Others on 22 December, 2023

Author: Saurabh Srivastava

Bench: Saurabh Srivastava

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2023:AHC:243071
 
Reserved on 11.07.2023
 
Delivered on 22.12.2023
 
 
 
Court No. - 52
 

 
Case :- WRIT - C No. - 30528 of 2017
 

 
Petitioner :- Kuldeep And Another
 
Respondent :- State Of U.P. And 6 Others
 
Counsel for Petitioner :- Sujeet Kumar,Chhaya Gupta
 
Counsel for Respondent :- C.S.C.,Bhanu Bhushan Jauhari,Satya Prakash Singh
 

 
Hon'ble Saurabh Srivastava,J.
 

1. On 11.07.2023, after hearing Sri Amrendra Nath Singh, learned Senior Advocate assisted by Sri Sujeet Kumar, learned counsel for petitioner and learned Standing Counsel for the State-respondents in detail, this Court reserving the judgment, passed the following order:-

"Rejoinder affidavit filed today is taken on record.

Heard Sri Amrendra Nath Singh, learned Senior Advocate assisted by Sri Sujeet Kumar, learned counsel for the petitioners and learned Standing Counsel appearing on behalf of the State-respondents.

In pursuance of the request on the earlier occasion, Sri Sujeet Kumar has already served noticed upon Sri Satya Prakash Singh, learned counsel whose name was printed in the cause list as learned counsel appearing on behalf of the respondent no.7.

Today, Sri Satya Praksh Singh, learned counsel informed that there is no instructions received from the respondent no.7 and as such, he is unable to assist the Court in this matter.

It has been noticed upon arguments as raised by learned Senior Advocate that the instant matter has been preferred way back in the year 2017 itself for challenging the orders dated 12.06.2017 and 12.01.2017 which have been passed over the specific direction issued by the Coordinate Bench while adjudicating the controversy raised by the petitioners in Writ C No.49061 of 2016 decided on 08.011.2016.

Primarily, the challenge has been raised on the ground that the essence of the order and direction passed by the Coordinate Bench, has not been complied with by the authority concerned who has passed the order which impugned the present petition, moreover, the discussion placed at the time of passing the orders dated 12.06.2017 and 12.01.2017, is totally in flagrant error of law as well as contrary to pious essence provided in shape of direction issued by the Coordinate Bench.

Judgment reserved."

2. By bare perusal of the order which impugned the present petition dated 12.06.2017 passed by respondent no.2 through which election of Committee of Management intimated by respondent no.4 through letter dated 25.01.2017 has been held as valid and respondent no.7 has been approved as Manager of the Committee of Management of the Institution, during pendency of the instant petition, entire terms of the Committee of Management approved vide order dated 12.06.2017 has been completed and expired and thereafter fresh election took place in the year 2023 and the same has been challenged in Writ C No.8277 of 2023 (Asharam and others Vs. State of U.P. and others).

3. After having the records, it is crystal clear that petitioner in Writ A No.8277 of 2023 is respondent no.7 in the instant petition and as such, cause for filing the instant petition has become infructuous.

4. In view thereof, the present petition stands dismissed as having become infructuous.

Order Date :- 22.12.2023

Vivek Kr.

(Saurabh Srivastava, J.)