Shafique Ahmad And 3 Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 259 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- WRIT - C No. - 9519 of 2022
 
Petitioner :- Shafique Ahmad And 3 Others
 
Respondent :- State Of U.P. Thru. Prin. Secy. Urban Development Lko. And 2 Others
 
Counsel for Petitioner :- Vishal Yadav,Dinesh Chandra Shukla
 
Counsel for Respondent :- C.S.C.,Rohit Tripathi
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Manish Kumar,J.

Heard Shri D.C. Shukla, learned counsel for petitioners, Shri Julfikar Naqvi, holding brief of Shri Rohit Tripathi, learned counsel for respondent nos.2, 3 and Shri Ashish Saxena, learned Standing Counsel for State/respondent no.1 as well as perused the material brought on record.

The present writ petition has been filed by the petitioners, seeking following reliefs:-

"I. Quash the Notification dated 1.12.2022 issued by U.P. Government Nagar Vikas Anubhag-1 through Principal Secretary contained in Annexure No.1 to this petition.

II. Issue a writ, order or mandamus commanding the opposite parties to follow the rule of rotation as provided in the U.P. Municipalities Act, 1916 section 9A and allot the seat of ward in terms of claimed in writ petition."

There is no dispute with the facts that the issue of election of Nagar Palika Parishad and Nagar Panchayat has already been adjudicated and decided by a Co-ordinate Bench of this Court in a bunch of petitions, leading Public Interest Litigation (P.I.L.) No.878 of 2022 vide the judgment and order dated 27.12.2022, which is also challenged before the Apex Court. Thus, the instant writ petition has lost its efficacy and has become infructuous.

Accordingly, the writ petition is dismissed as infructuous.

(Manish Kumar, J.) (Ramesh Sinha, J.)

Order Date :- 3.1.2023/Shubhankar