RAJENDRA PRASAD SHARMA AND 2 OTHERS v. STATE OF U.P. AND 5 OTHERS
WRIA/18840/2024 · 2025-01-27
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 108996 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 108996 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:13604 Court No. - 10 Case :- WRIT - A No. - 18840 of 2024 Petitioner :- Rajendra Prasad Sharma And 2 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ratnakar Upadhyay Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri R.C. Dwivedi, learned counsel for petitioners and Sri Ritesh Upadhyay, Advocate for Respondent-6.
2. Learned counsel for petitioner fairly submits that petitioner will satisfy if instead of allowing this writ petition of quo warranto, so far as Respondent-6 is concerned, on the communication made by District Inspector of Schools, Baghpat to said respondent to submit reply to certain complaints vide communication dated 24.01.2025, the inquiry be reached to its logical conclusion.
3. Learned counsel appearing for Respondent-6 has vehemently opposed the locus of petitioners that even declaration with regard to petitioners’ status is wrong and he referred some judgments that in present set of facts writ for quo warranto is not maintainable.
4. At this stage, Court is not entering into merit of case. However, since communication dated 24.01.2025 has been placed on record wherein reply to certain queries is sought from Respondent-6, therefore, District Inspector of Schools is at liberty to proceed thereon. However, to put a caution on petitioners, it is directed that petitioners will submit their notarized affidavit before District Inspector of Schools that in case complaint is found not true, not only Management of School but State-Respondents will be at liberty to initiate criminal and departmental proceedings against
them.
5. With aforesaid observations and directions, this writ petition is
disposed of.
Order Date :- 27.1.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad