SHASHI KANT v. STATE OF U.P. THRU. PRIN. SECY., SOCIAL WELFARE, LKO. AND OTHERS
WRIC/1802/2025 · 2025-02-21
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124967 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124967 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11229 Court No. - 19 Case :- WRIT - C No. - 1802 of 2025 Petitioner :- Shashi Kant Respondent :- State Of U.P. Thru. Prin. Secy., Social Welfare, Lko. And Others Counsel for Petitioner :- Brij Bhushan Singh,Pranjal Apurva,Sandeep Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioner and Mr. Pankaj Srivastava, learned State Counsel for opposite parties.
2. Petition has been filed seeking a direction to authority concerned to take legal action regarding allegations of irregularities and corruption taking place in Shri Swamidayal Junior High School and for taking action against the culprit involved. Further prayer for a direction to concerned authority for constituting an impartial management body by conducting election thereof has also been made.
3. Learned State Counsel at the very outset has raised a preliminary objection regarding locus of petitioner for maintainability of this petition in view of fact that as per averments made in the petition, petitioner was elected Manager of the Society on 10.04.2016 and since the term of the Committee of Management has already expired, at the most in year 2021, without any averment pertaining to petitioner's re- election in the Committee of Management, petition is not maintainable on ground of lack of locus standi.
4. It is also submitted that in terms of prayer made, there is no corresponding or substantiating evidence brought on record to indicate that petitioner's name is being misused by the Committee of Management.
5. In view of such objections being raised, learned counsel for
petitioner seeks to withdraw this petition with liberty to file afresh with relevant documentation in order to substantiate lucus of petitioner and prayer of irregularities in the institution concerned.
6. In view of such submission being made, the petition is dismissed as withdrawn granting liberty to petitioner to file afresh in case defects indicated herein above are removed. Order Date :- 21.2.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench