Case :- SPECIAL APPEAL No. - 1081 of 2018 Appellant :- Arif Khan Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Suresh Chandra Kushwaha,Mohammed Yusuf Counsel for Respondent :- C.S.C.,Prabhakar Awasthi
Hon'ble Govind Mathur,Acting Chief Justice Hon'ble Chandra Dhari Singh,J.
This appeal is before us to examine correctness of the order dated 28.09.2018 passed by learned Single Bench in Writ-C No.28003 of 2018.
In brief factual matrix of the case is that respondent-petitioner is Committee of Management, the Anjuman A Rahmania and another preferred a petition for writ questioning correctness of the order dated 23.07.2018 passed by Assistant Registrar, Firms Societies and Chits Jhansi Region, Jhansi staying the effect and operation of the order dated 12.01.2018 and directing the parties to submit their written submissions along with all relevant evidences on or before 08.08.2018. During pendency of petition for writ order aforesaid was withdrawn by the Assistant Registrar concerned, therefore, learned Single Bench dismissed the petition for writ as having become infructuous. Being aggrieved by the order dated 28.09.2018 the instant appeal is preferred.
The argument of learned counsel appearing on behalf of the appellant is that while issuing notice to the respondent-petitioner direction was given to see all the disputed documents and to further enquire into the matter, merely on the count that order dated 23.07.2018 has been withdrawn, the petition for writ could not have been treated as infructuous.
We do not find any force in the argument advanced by learned counsel for the appellant. Respondent-petitioner against order dated 23.07.2018 approached the writ court and due to withdrawal of the order impugned, the petition for writ was dismissed as having become infructuous. In view of withdrawal of order dated 23.07.2018, the order passed by learned Single Bench does not suffer from any illegality and does not warrant any interference in the appellate jurisdiction. The appellant, if, is having any grievance with the order dated 20.09.2018 passed by respondent no. 2 withdrawing the order dated 23.07.2018 then it is different cause of action that can very well be agitated before appropriate forum by the appellant.
Order Date :- 27.10.2018 Asha (Chandra Dhari Singh,J.) (Govind Mathur, A.C.J.)