Kavindra Kumar And Others vs State Of U.P. Thru. Prin. / Addl. ...
2023 Latest Caselaw 692 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- WRIT - C No. - 49 of 2023
 

 
Petitioner :- Kavindra Kumar And Others
 
Respondent :- State Of U.P. Thru. Prin. / Addl. Chief Secy. Deptt. Of Nagar Vikas And Others
 
Counsel for Petitioner :- Mohd. Kumail Haider
 
Counsel for Respondent :- C.S.C.,Rohit Tripathi
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Manish Kumar,J.

Heard Shri Mohd. Kumail Haider, learned Counsel for petitioner, Shri Manish Mishra, learned Standing Counsel for State/respondent no.1, Shri Rohit Tripathi, learned Counsel for respondent nos.2 to 4 and perused the material brought on record.

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

"i. to issue a writ, order or direction in the nature of certiorari quashing the impugned notification dated 05.12.2022 issued by the State Government under Section 9-A(5) of the U.P. Nagar Palika Adhiniyam 1916, so far as it relates to reserve the post of Chairman, Nagar Panchayat, Bhokar Hedi, Muzaffarnagar for Other Backward Class (OBC) and not reserving it for the Scheduled Caste (Male).

ii. to issue a writ, order or direction in the nature of mandamus commanding the opposite parties, particularly the opposite party no.1 to take decision on the objections of the petitioners on the issues raised therein and to communicate the same to the petitioners before issuing any final Notification for election for Urban Bodies/Local Bodies covered under U.P. Nagar Palika Adhinyam, 1916."

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 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 :- 6.1.2023

Anand Sri./-