COMMITTEE OF MANAGEMENT, KISAN VIDYA SABHA v. STATE OF U.P. AND 2 OTHERS
SPLA/1088/2024 · 2025-01-24
Arun Bhansali, Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 110878 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 110878 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:12792-DB Chief Justice's Court Case :- SPECIAL APPEAL No. - 1088 of 2024 Appellant :- Committee of Management, Kisan Vidya Sabha Respondent :- State of U.P. and 2 others Counsel for Appellant :- Aishwarya Pratap Shahi, Nipun Singh Counsel for Respondent :- C.S.C., Amit Bhushan (Sr. Adv.), Kalp Nath Rai Hon'ble Arun Bhansali,Chief Justice Hon'ble Vikas Budhwar,J.
1. This appeal is directed against order dated 22.11.2024 passed by learned Single Judge in Writ - C No. 37445 of 2024, whereby after hearing counsel for the respondents and coming to the conclusion that matter required consideration, notices were issued and interim
order was granted by the Court.
2. Learned counsel for the appellant made vehement submissions that the writ petition, at the instance of the respondents, was not maintainable and that the learned Single Judge was not justified in granting a blanket interim order resulting in the Society being left without any Committee of Management.
3. A perusal of the order passed by learned Single Judge reveals that the order passed is ex parte in nature, wherein after hearing the counsel for the respondents herein and the State Counsel, the interim order was granted and notice had been ordered to be issued to the appellant.
4. In view of the fact that the plea sought to be raised in the present appeal was not available before the learned Single Judge at the time of passing of the interim order, filing of the present appeal, based on the plea sought to be raised, cannot be considered. The
petitioner has to approach the learned Single Judge seeking vacation of the interim order after filing reply to the writ petition. The reply may be filed by the petitioner along with application seeking vacation of the interim order. On filing of the application, the same shall be considered by the learned Single Judge with utmost expedition.
5. With the above observations, the appeal stands disposed of.
Order Date :- 24.1.2025 Mukesh Pal/Rajesh (Vikas Budhwar, J) (Arun Bhansali, CJ) Digitally signed by :- MUKESH PAL High Court of Judicature at Allahabad