RANJEET KUMAR ASTHANA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. FINANCE LKO. AND 3 OTHERS
WRIA/6106/2025 · 2025-07-04
Attau Rahman Masoodi, Shree Prakash Singh
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 141764 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141764 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37764-DB Court No. - 1 Case :- WRIT - A No. - 6106 of 2025 Petitioner :- Ranjeet Kumar Asthana Respondent :- State Of U.P. Thru. Addl. Chief Secy. Finance Lko. And 3 Others Counsel for Petitioner :- Amit Pandey,Amit Dwivedi Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Attau Rahman Masoodi,J. Hon'ble Shree Prakash Singh,J.
1. Heard learned counsel for the petitioner, Sri Nishant Shukla, learned Additional Chief Standing Counsel for the State and Sri Ratnesh Chandra,
learned counsel for the Lucknow Development Authority, Lucknow.
2. Shri Nishant Shukla, learned Additional Chief Standing Counsel representing the State- respondents has placed a copy of the order dated 29.08.2023 passed by the Hon'ble apex court in Writ Petition (Civil) No.1458/2020 which reads as under:
"1. An adjournment letter has been moved by learned counsel for the respondents on account of non-availability of the learned Attorney General, who is engaged before the Constitution Bench.
2. List on 03rd October, 2023."
3. It is not in dispute that the subject matter of the present writ petition and the subject matter before the Hon'ble apex court is one and the same i.e. the validity of U.P. Act No.1 of 2021 which was previously brought in through an Ordinance giving rise to the writ petition before the apex court under Article 52 of the Constitution of India.
4. Simultaneous proceedings before this Court and Hon'ble apex court on one and the same subject can not proceed for the reason that the time frame within which the courts of law function is a public
property and its use can't be allowed to achieve futile results. We have no manner of doubt that this Court is bound by the decision of Hon'ble the apex court on the same issue.
5. The question that arises is whether the Court may proceed or discharge the proceedings under some protection to the petitioners. It is to be noted that the consequences which are to fall as a result of pending proceedings before the apex court are clear. The vires of the Act shall either be upheld or turned down. In case the vires of the impugned Act is upheld, all the writ petitions in that event are liable to be dismissed and on the result of proceedings being otherwise, the writ petitioners shall be entitled to the benefit of the judgment accordingly and the State shall obey the verdict in favour of the petitioners to the extent applicable.
6. Having clarified the position as above, we hereby dispose of the present writ petition accordingly and the protection so granted shall mutatis mutandis apply. We equally leave it open to the parties to avail the opportunity of hearing before the apex court, if so advised. (Shree Prakash Singh,J.) (A.R.Masoodi,J.)
Order Date :- 4.7.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench