Court No. - 29 Case :- SPECIAL APPEAL DEFECTIVE No. - 57 of 2019 Appellant :- Mumtaz Akhtar Husain Respondent :- State Of U.P. And 5 Others Counsel for Appellant :- Akhtar Ali Counsel for Respondent :- C.S.C.,J.P. Singh
Hon'ble Pankaj Mithal,J. Hon'ble Rohit Ranjan Agarwal,J.
There is a delay of 15 days in filing the appeal.
The delay is sufficiently explained in the delay condonation application. The delay in filing the appeal is condoned.
The Delay Condonation Application No. 1 of 2019 is allowed.
The Regional Level Committee, Bareilly was seized of the matter of dispute of the Committee of Management of Khalil Higher Secondary School, Bareilly. The Committee instead of deciding the said dispute by the order dated 02.07.2018 held that the same cannot be decided until and unless the matter is adjudicated by the High Court in a pending Writ Petition No. 51797 of 2015.
The aforesaid order was challenged by the Committee of Management of the Institution and its Manager, which has been entertained by the impugned order and the operation of the order of the Regional Level Committee dated 02.07.2018 has been stayed.
The appellant, who is respondent No.6 in the aforesaid writ petition, has preferred this appeal against the above interim order of the Writ Court dated 04.12.2018.
Shri Anupam Kulshreshtha after some arguments submits that the dispute of the Society has no concern with the adjudication of the dispute regarding the elections of the Committee of Management. Therefore, the order of the Regional Level Committee may be set aside with the direction to re-decide the matter.
Shri J.P. Singh, learned counsel appearing for the Committee of Management of the Institution and its Manager has no objection, if the order of the Regional Level Committee is set aside and the writ petition itself is allowed.
In view of the aforesaid facts and circumstances, the order of the Regional Level Committee dated 02.07.2018 is hereby quashed and the Writ Petition No.39691 of 2018 challenging the same stands allowed and the appeal also stands disposed of accordingly. The Regional Level Committee shall reconsider the matter afresh in accordance with law most expeditiously preferably within next three months.
A copy of this order may be placed on the record of the above writ petition and it should be treated as allowed and this appeal is disposed of.
Order Date :- 22.1.2019 A.N. Mishra