Court No. - 5
Case :- WRIT - C No. - 45550 of 2013 Petitioner :- C/M Sarvhitkari Vidyalaya And Another Respondent :- State Of U.P. Thru Secy. And 4 Others Counsel for Petitioner :- M.P. Yadav,Akhilesh Kumar Tripathi,Alok Tiwary,Ashok Khare,H.N. Singh,S.K. Rao,Subodh Pandey Counsel for Respondent :- C.S.C.,G.K. Singh,Vinod Kr. Sinha,Vinod Kumar Singh Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner, Sri Vinod Kumar Singh, learned counsel representing the respondent nos.4 and 5 and learned standing counsel for respondent nos. 1, 2 and 3.
During the course of hearing of this petition learned counsel for respondent nos.4 and 5 has informed the court that after filing of the instant writ petition twice the elections of committee of management are held and the same are approved by the competent authority. This fact is not disputed by the learned counsel for the petitioner. Learned counsel for the petitioner thereafter has submitted that this petition be dismissed with liberty to the petitioner to approach the respondent no.2 (wrongly arrayed as Deputy District Magistrate) Sub Divisional Magistrate, Ghaziabad.
The prayer of the petitioner is accepted only to the extent in case if the petitioner has any right under the law to approach the S.D.M. it will be open to him to approach the S.D.M. and the Sub Divisional Magistrate will pass an appropriate speaking and reasoned order strictly in accordance with law on a representation made by the petitioner considering that the subsequent elections are approved by the competent authority.
The writ petition is dismissed.
Order Date :- 25.2.2019 S.S.