Arvind Kumar Mishra vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 9031 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 21
 
Case :- WRIT - C No. - 2306 of 2023
 
Petitioner :- Arvind Kumar Mishra
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Institutional Finance U.P. Civil Secrett. Lko. And 2 Others
 
Counsel for Petitioner :- Prafulla Tiwari,Anuj Kumar Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioner and learned Additional CSC for the State.

Notices to respondent no. 2 are dispensed with in view of the proposed order.

By this petition, the petitioner has prayed for the following relief:-

"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may be pleased:-

(a) To issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 23.02.2023 passed by Opp-party No.2 as also the impugned order dated 03.03.2023 notifying the election programme by election Officer, the true copies of which are contained as Annexure- 1 to the writ petition.

(b) To issue a writ, order or direction in the nature of mandamus commanding the Opp-parties to allow the Committee of Management recognised vide order dated 29.12.2020 to continue to function for day to day work.

(c) To award the cost of this petition in favour of the petitioner.

(d) To issue any other writ, order or direction which this Hon'ble Court deems fit and proper in the circumstances of the case."

Learned Additional CSC for the State has raised a preliminary objection in view of the order passed by the Division Bench of this Court passed in Case No. 557/2017 "Shitla Prasad Tiwari and 9 others Vs. State of U.P. through Principal Secy, Secondary Education & 33 others", reported in 2018 36 LCD 93.

Learned Additional CSC submits that the dispute relates to membership of the society. These disputed questions of facts cannot be adjudicated before this Court. In law the petitioner has a remedy of filing civil suit for redressal of his grievances.

Considering the judgment of the Division Bench of this Court passed in the case of Shitla Prasad Tiwari (supra), the petition is dismissed.

The petitioner is at liberty to approach the competent Civil Court as per law.

Order Date :- 27.3.2023/R.C.