Court No. - 10
Case :- WRIT - C No. - 3079 of 2019 Petitioner :- Samrat Ashok Inter College And Another Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Prakash Chandra Srivastava,Prakash Chandra Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri P.C. Srivastava, learned counsel for the petitioners and Shri Rajesh Srivastava, learned Standing Counsel for the State respondents.
Samrat Ashok Inter College, Bihasada, Mirzapur through its Manager Ram Ashray Kushwaha is before this Court with request to issue direction to the third respondent, District Magistrate, Mirzapur to enquire into the matter and take necessary action against the private respondent nos.5 and 6.
Learned Standing Counsel has raised a preliminary objection regarding maintainability of the present writ petition on the ground that the entire claim has been set up against the private respondents and as such, no relief can be extended to the petitioner. However, the petitioner has got efficacious alternative remedy to file an application under Section 134 of U.P. Revenue Code, 2006.
In the facts and circumstances, without adverting to the merits of the case and with the consent of parties, the writ petition is disposed of with observation that in case any such application is moved by the petitioner under the aforesaid provision, the authority concerned would definitely take cognizance in the matter and proceed strictly in accordance with law after affording opportunity of hearing to all the stake holders in the matter.
Order Date :- 29.1.2019 RKP