A.M. Shaffique, J.
The appellant, who is the petitioner in W.P.(C) No.8393 of 2012 is aggrieved by the judgment dated 21.1.2014 of the learned Single Judge, in so far as, an observation has been made by the learned Single Judge as under :-
“Learned counsel for the petitioner submits that the petitioner is ready and willing to comply with all those requirements within thirty days from today.”
This observation is made based on the submission that the petitioner is no longer a member of the 4th respondent and an application can be filed by the petitioner for enrolling him as a member of the 4th respondent.
2. It is contended by the learned counsel for the appellant that he was expelled from the 4th respondent Organisation and he intends to challenge the same before the civil court. According to him, the observation made in the judgment will substantially prejudice him, if he files a civil suit.
3. Heard the learned counsel for the appellant as well as the learned counsel appearing for the 4th respondent.
4. It is submitted by the learned counsel for the appellant that the petitioner/appellant has not entrusted the counsel to submit that the appellant will file a fresh application before the 4th respondent and he does not intend to do so. But since the learned counsel has made such an offer, it is now affecting his legal right. Though a review petition was filed before the learned Single Judge, the same came to be dismissed.
5. In regard to the aforesaid submission made by the learned counsel for the appellant, we do not think that the aforesaid observation will preclude the petitioner from agitating his civil rights before an appropriate court.
In the said circumstances, this writ appeal is disposed of leaving open the right of the petitioner to approach the civil court challenging his expulsion from the 4th respondent organisation, untrammelled by the observation made in the judgment.
Sd/- ASHOK BHUSHAN, Ag. CHIEF JUSTICE.
Sd/-
A.M. SHAFFIQUE, JUDGE.
//TRUE COPY// P.A. TO JUDGE Jvt