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2025 DAILYLAW 190613 (ALL)

VIRESH RATHORE AND ANOTHER v. STATE OF U.P. AND 13 OTHERS

WRIC/35555/2025 · 2025-10-16

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35555 of 2025 Court No. - 1 HON'BLE NEERAJ TIWARI, J. HON'BLE VIVEK KUMAR SINGH, J. 1. Heard learned counsel for the petitioners, learned standing counsel for State-respondent nos. 1 to 5, Sri Surya Pratap Singh, Advocate holding brief of Sri Jai Bahadur Singh, learned counsel for respondent no. 7 and Sri Devansh Mishra, learned counsel for respondent no. 8. 2. Learned counsels for respondents have raised so many objections about the maintainability of the writ petition, upon which, learned counsel for petitioner submitted that writ petition may be dismissed as not pressed with liberty to the petitioner to move representation before the competent authority under Section 292 of U.P. Municipal Corporations Act, 1959. 3. Sri Devansh Mishra has not objected the aforesaid submissions, but submitted that opportunity of hearing may also be given to respondent no. 8 before passing any order upon the representation. 4. Under such facts, writ petition is dismissed with liberty to the petitioner to move representation before competent authority under the relevant provisions of law. In case any such representation is moved, the same shall be decided after providing opportunity of hearing to respondent no. 8 and all other aggrieved persons, if any, within two months from the date of filing of representation along with certified copy of this order. Versus Counsel for Petitioner(s) : Akhilesh Kumar Gupta, Rakesh Kumar Gupta Counsel for Respondent(s) : Shyam Mani Shukla, C.S.C., Devansh Misra, Jai Bahadur Singh, Subedar Shukla, Suresh C. Dwivedi Viresh Rathore And Another .....Petitioner(s) State Of U.P. And 13 Others .....Respondent(s) 5. It is made clear that this Court has not adjudicated the case on merits. It is upon competent authority to pass order after considering the relevant Rules as well as facts of the case. October 17, 2025 Sartaj WRIC No. 35555 of 2025 2 (Vivek Kumar Singh,J.) (Neeraj Tiwari,J.) Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad