Court No. - 9
Case :- WRIT - C No. - 26634 of 2021 Petitioner :- C/M Sri Devta Prasad Uttar Pradesh And 3 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Om Prakash Singh,Gautam Baghel,Sr. Advocate Counsel for Respondent :- CSC
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State- respondents.
The present writ petition has been filed seeking the following relief:
"(i) Issue a writ, order or direction in the nature of certiorari quashing the order dated 09.08.2021 passed by Commissioner, Vindhyachal Region, Mirzapur, Respondent no. 3 as well as the consequential order dated 12.8.2021 passed by Chief Development Officer, Mirzapur, Respondent no. 4 and the notice dated 13.8.2021 passed by Basic Siksha Adhikari, Mirzapur, Respondent no. 7 (Annexure No. 1, page No. 26-34)."
Learned counsel for the petitioners submits that the Commissioner does not have any authority under the relevant Act to initiate enquiry by constituting the Committee, the same is wholly unwarranted and it is clear interference in the functioning of the concerned authorities under the Act and is wholly without jurisdiction. In support of his submission, he has placed reliance upon the judgement and order dated 14.10.2020 passed in Writ-A No. 5540 of 2020 (C/M Sri Durga Ji Purva Madhyamik Balika Jamin and another vs. State of U.P. and 4 others) which has been affirmed by Special Appeal (Defective) No. 255 of 2021.
The Standing Counsel has not disputed the aforesaid fact, however, he submits that only notice has been given to the petitioners.
In view of the above facts and circumstances, the impugned order dated 09.08.2021 passed by Commissioner, Vindhyachal Region, Mirzapur (Respondent no. 3) as well as the consequential order dated 12.8.2021 passed by Chief Development Officer, Mirzapur (Respondent no. 4) and the notice dated 13.8.2021 passed by Basic Siksha Adhikari, Mirzapur (Respondent no. 7) are hereby set aside with a direction to the concerned authorities to proceed in accordance with law.
Accordingly, the writ petition is allowed in terms of the said order.
Order Date :- 28.10.2021 Puspendra