Court No. - 39
Case :- WRIT - A No. - 12881 of 2019 Petitioner :- Urmila Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Prasad Dubey,Anjali Dubey Counsel for Respondent :- C.S.C.,Ashok Kumar Singh
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent No. 1 and 2 and Sri Ashok Kumar Singh, learned counsel for respondent No.3.
Ashok Kumar Singh, learned counsel for respondent No. 3 raised preliminary objection that the writ petition is not maintainable. He next submitted that by way of present petition, petitioner is challenging appointment of respondent No.4 and in service matter only aggrieved person can file writ petition. He next submitted that there is dispute between the petitioner and respondent no.4 and both are claiming herself to be the wife of Late Rajeshwar Prasad Pandey, which could only be decided by filing suit of declaration. After obtaining decree from the Civil Court, petitioner may be aggrieved person.
Learned counsel for the petitioner could not dispute the factual situation, therefore, this petition is not maintainable and accordingly dismissed.
However, it is open for the petitioner to avail other legal remedy available in law, if so advised.
Order Date :- 22.8.2019 Radhika