Court No. - 58
Case :- WRIT - A No. - 12985 of 2018 Petitioner :- C/M Saraswati Vidya Mandir Junior High School And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Indra Raj Singh,Santosh Kr. Singh Paliwal Counsel for Respondent :- C.S.C.,Syed Nadeem Ahmad
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is aggrieved by an order dated 4.2.2014 passed by the State Government, which reiterates an earlier order dated 29.5.2009, which has already been quashed by this Court on 26.7.2012 in Writ Petition No. 58428 of 2009.
It is stated that the order impugned has recently been served upon petitioner in contempt proceedings. Submission is that the order impugned,is in violation of earlier adjudication, and therefore not sustainable in the eyes of law.
Sri Syed Nadeem Ahmad, learned counsel appearing for respondent no. 3 does not dispute the contention that the grounds taken to non-suit the petitioners are the same, which had been taken earlier while passing the order dated 29.5.2009, which was quashed by this court on 26.7.2012.
In view of the facts and circumstances noticed above, this petition succeeds and is allowed. Order dated 4.2.2014 passed by respondent no.1 stands quashed with a direction upon the respondents to pass a fresh order, keeping in view the observations made in the order dated 26.7.2012 passed in Writ Petition No. 58428 of 2009.
Order Date :- 31.5.2018 n.u.