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2025 DAILYLAW 142732 (ALL)

UPBHOKTA SANRAKSHAN UTTHAN SAMITI THRU.PRESIDENT,CHANDRA SHEKHAR SINGH AND ANOTHER v. STATE OF U.P. THRU. CHIEF SECY. GOVT. OF U.P. LKO. AND 7 OTHERS

WPIL/619/2025 · 2025-06-12

S Q H Rizvi, Saurabh Lavania

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35319-DB Court No. - 2 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 619 of 2025 Petitioner :- Upbhokta Sanrakshan Utthan Samiti Thru.President,Chandra Shekhar Singh And Another Respondent :- State Of U.P. Thru. Chief Secy. Govt. Of U.P. Lko. And 7 Others Counsel for Petitioner :- Sunil Kumar Mishra,Atul Kumar Chauhan Counsel for Respondent :- C.S.C.,Neerav Chitravanshi,Ran Vijay Singh Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Shri Sunil Kumar Mishra, learned counsel for petitioner, Mr. Nishant Shukla, learned Additional Chief Standing Counsel for the State, Mr. Ran Vijay Singh, learned counsel for respondent no. 7- Managing Director, Madhyanchal Vidyut Vitran Nigam Ltd. Lucknow and perused the material available on record. 2. By means of the present Public Interest Litigation petition, the petitioner has sought following relief:- "i. to issue a writ order or direction in the nature of quo-warranto directing the State Government i.e., opposite party no. 1 to ousted the opposite party no. 8 i.e., Mrs. Riya Kejriwal, presently posted as Managing Director , Madhyanchal Vidyut Vitran Nigam Ltd., Lucknow from their respective post for which she has no any legal authority in the light of relevant provisions of Memorandum of Articles of Association and she has no requisite qualification for her respective posts i.e. Madhyanchal Vidyut Vitran Nigam Ltd., Lucknow ii. to issue a writ order or direction in the nature of Mandamus commanding the opposite party no. 1 to 6 directing them to consider the recommendation of the selection committee and appoint the officers according to Section 73 of Memorandum and Articles of Madhyanchal Vidyut Vitran Nigam Ltd., Lucknow." 3. Counsel appearing for the side opposite raised a preliminary objection regarding the maintainability of the present Public Interest Litigation petition and submits that in the service matter, the Public Interest Litigation petition is neither entertainable nor maintainable in the writ jurisdiction. 4. In support of his submission, he has relied upon a judgment of Hon'ble Supreme Court in the case of Hari Bansh Lal Vs. Sahodar Prasad Mahto and others reported in (2010) 9 Supreme Court Cases 655. 5. Confronted with the aforesaid objection, learned counsel appearing for the petitioner prayed for withdrawal of the present Public Interest Litigation Petition. 6. Learned counsel appearing for for the respondents does not oppose the prayer made by the petitioner. 7. Accordingly, the present Public Interest Litigation Petition is dismissed as withdrawn. Order Date :- 12.6.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench