WPSS/2755/2019
2021 Latest Caselaw 4572 UK

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                   COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
                  Signatures

                                      WPSS No.2755 of 2019
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Prabhakar Narayan, Advocate for the petitioner.

Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand.

Mrs. Soniya Chawla, Advocate for respondent no.6.

The petitioner and respondent no.6 claim themselves, their rights to be emanating out of estates of late Rifaqat Hussain Ansari. Accordingly the petitioner had prayed for setting aside the order of 13.09.2019, which was rendered by the Divisional Additional Director, Primary Education, on the basis of the directions which were issued by this Court in a judgment of 17.05.2019 rendered in Writ Petition (S/S) No.1058 of 2019 Shabnam Begum vs. State of Uttarakhand and others.

During the course of proceedings of the present writ petition a new fact, which has emerged is that Mubarak Husaain had filed a civil suit being Suit No.08 of 2019 Mubarak Hussain & others vs. Mohd. Liyaqat Hussain and others seeking declaration with regards to the estates of the late Rifaqat Hussain Ansari and in the said suit, the petitioner, as well as the respondent no.6 are party and their respective rights are yet to be determined in the said suit.

In order to avoid any contradiction in the decision to be taken in the writ petition, this Court is of the view that the writ petition could be appropriately and effectively considered once the rights of declaration in Suit No.08 of 2019, is decided.

Hence, put up this writ petition as soon as the fact of decision in Suit No.08 of 2019, is brought on record of this writ petition by any of the parties to the writ petition.

(Sharad Kumar Sharma, J.) 15.11.2021 Arti