Court No. - 7
Case :- WRIT - C No. - 38434 of 2018 Petitioner :- C/M Uttar Pradesh Volleyball Association And 02 Others Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Sudhir Dixit,Anupam Shyam Dwivedi Counsel for Respondent :- C.S.C.,Hanuman Prasad Dube
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the parties.
2. The preliminary objection raised by the Hanuman Prasad Dube, learned counsel for the respondent no. 4 is that against the order dated 13.09.2018 impugned in the present writ petition, the petitioner has filed an application for recall of the same before the Appellate Authority/respondent no. 3, which is fixed for disposal on 28.11.2018. Therefore, it has been submitted that the present petition is not maintainable.
3. Since the petitioner has already filed an objection to the same effect and on the same grounds as has been raised in the present petition, the writ petition filed without disclosing the fact of the earlier recall application having been filed, is held to be non- maintainable.
4. In view of the above, the writ petition is not being entertained on merits. The present petition is disposed of with the direction that the recall application filed by the petitioner may be heard and decided on its own merits, as expeditiously as possible, preferably within a period of four weeks from the date of filing of certified copy of this order.
Order Date :- 26.11.2018 Prakhar