Court No. - 5
Case :- WRIT - C No. - 2284 of 2016 Petitioner :- Brahmavir Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Satya Prakash Singh,Ashok Khare,Bajrang Bahadur Singh Counsel for Respondent :- C.S.C.,Sumit Daga Hon'ble Ashok Kumar,J.
By means of this writ petition the petitioner claims that he is Ex-president of Committee of Management of Dayanand Mahavidyalay Gurukul Inter College, Daurli, Meerut and has challenged the order dated 18.12.2015 (Annexure 17) passed by the Joint Director, Education Region I, respondent no.2.
The petitioner has prayed for issuance of mandamus directing the respondents not to give effect to the order dated 18.12.2015 issued by respondent no.2.
Admittedly the operation of the order dated 18.12.2015 was not stayed by this Court while entertaining the writ petition and simply the writ petition was connected with other writ petitions i.e. writ petition nos. 55569 of 2015 and 57466 of 2015 which are dismissed by this Court today as the same has become infrucuous.
Learned counsel for the respondent Sri Shivam Yadav has pointed out that after accepting the proposal dated 18.12.2015 the writ petitioner has filed another writ petition being writ petition no. 34584 of 2017 in which the election schedule which was declared by the authorised controller, was challenged. The Joint Director, Education has passed the order on 18.12.2015 permitting the members of General Body to participate in the election.
During the course of hearing of this petition and connected writ petitions this Court came to know that the original suit has been filed by Shyam Singh and 94 others before the Court of Civil Judge (Jr. Division) Sardhana, Meerut being Original Suit No. 58 of 2012. An application for injunction being Application No. 101 of 2012 was filed by the petitioner Brahmavir Singh was rejected by the Court below vide order dated 23.7.2015.
Learned counsel for the parties are agreed that pending suit before the Court below be expedited.
It is noticed that the controversy in all the connected writ petitions are raised by either of the parties step by step ignoring that the issue is pending before the Civil Court as Original Suit No. 58 of 2012.
As agreed, this Court directs the Civil Court namely Civil Judge (Jr. Division) Sardhana, Meerut to expedite the suit no. 58 of 2012 and decide the same expeditiously preferably before 30th May 2019 in accordance with law. It is made clear that no unnecessary adjournment will be allowed to either of the parties.
In view of the aforesaid this writ petition is dismissed.
Order Date :- 22.2.2019 S.S.