COMMITTEE OF MANAGEMENT VISHWANATH TIWARI UCHCHATAR MADHYAMIK VIDYALAY NEERUPUR BALLIA AND ANOTHER v. STATE OF U.P. AND 4 OTHERS
WRIA/1445/2025 · 2025-02-26
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13450 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13450 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:27080 Court No. - 10 Case :- WRIT - A No. - 1445 of 2025 Petitioner :- Committee Of Management Vishwanath Tiwari Uchchatar Madhyamik Vidyalay Neerupur Ballia And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- J.P.N. Singh Counsel for Respondent :- Ajitabh Choubey,C.S.C. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri J.P.N. Singh, learned counsel for petitioner and Sri Prabhakar Awasthi, Advocate for Respondent-5.
2. This writ petition is an abuse of process of law. Durgesh Chaturvedi, the deponent of affidavit accompanying to this writ petition has no concern with Committee of Management, Vishwanath Tiwari Uchchatar Madhyamik Vidyalay, Neerupur, Ballia, who is before this Court as petitioner no. 1. Even he has no concern with Mahesh Pratap Tiwari, Manager of Committee of Management.
3. A belated resolution is produced before this Court which is dated 19.01.2025 whereby said Manager has been authorized to file this writ petition, however, before it, i.e. on 03.12.2024, said Durgesh Chaturvedi, the deponent, has come Allahabad and got his photo identification. Even it is also not shown that when this writ petition was filed, deponent has appeared before Oath Commissioner.
4. At this stage, learned counsel for petitioners seeks permission to withdraw this writ petition, which is strictly denied.
5. In the circumstances, this writ petition is dismissed with cost of Rs. 5000/- each on Durgesh Chaturvedi, deponent and Mahesh Pratap Tiwari, Manager of Institution concerned, to be deposited before High Court Legal Services Committee within a week.
6. However, this order will not come in the way if a fresh writ petition is filed with better particulars and correct affidavit. Order Date :- 27.2.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad