Court No. - 10
Case :- WRIT - C No. - 14728 of 2018
Petitioner :- Smt. Sunita Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Saurabh Basu Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
Hon'ble Vikram Nath,J. Hon'ble Suneet Kumar,J.
Heard learned counsel for the petitioner, Sri Ajay Kumar Tiwari, learned Standing Counsel for the State-respondents and Sri Kaushalendra Nath Singh, learned counsel representing respondent no.3.
Subsequent to direction issued by this Court on 11.02.2016 passed in writ petition No.5667 of 2016 (Smt. Sunita Vs. State of U.P. and others), the Chief Executive Officer of NOIDA has passed an order dated 23rd May, 2016 issuing certain directions. According to learned counsel for the petitioner, the said directions have been complied with. Now, after two years the petitioner has filed this petition praying for quashing of the same order dated 23rd May, 2016 which the petitioner has accepted and acquiesced to get it implemented. We are unable to comprehend further as to how this petition can be maintained after the petitioner having accepted the earlier order and acted upon it. Even otherwise, we find that the petitioner has raised disputed questions of fact which cannot be adjudicated in writ jurisdiction. Petitioner would be at liberty to approach Civil Court for declaration of his right.
Petition is accordingly dismissed.
Order Date :- 24.4.2018 Ashutosh (Suneet Kumar,J.) (Vikram Nath,J.)