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2025 DAILYLAW 25313 (ALL)

SUNITA SINGH v. STATE OF U.P. AND 2 OTHERS

WRIA/2959/2025 · 2025-03-06

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33081 Court No. - 7 Case :- WRIT - A No. - 2959 of 2025 Petitioner :- Sunita Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Om Prakash Singh Counsel for Respondent :- Ajeet Kumar Shukla,Akhilesh Kumar Sharma,C.S.C. Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondents-State, Sri A. K. Sharma, learned counsel for the respondent no.3 and Sri Prabhakar Awasthi, learned counsel for the caveator-Umesh Chandra Tiwari. 2. Earlier the order of suspension dated 15.01.2025 was challenged by the petitioner by filing a petition being Writ A No.2095 of 2025. The said writ petition was dismissed with liberty to file a fresh writ petition vide judgement and order dated 19.02.2025. The order reads as follows :- "1. The order of suspension dated 15.01.2025 passed by the respondent no.3- District Basic Education Officer, Chandauli is under challenge in the present writ petition. 2. It is argued by counsel for the petitioner that in paragraph-27 of the writ petition certain facts were wrongly mentioned hence present writ petition may be dismissed as not pressed with liberty to file fresh writ petition. 3. This prayer is not opposed by Sri A. K. Sharma, learned counsel for the contesting respondents. 4. Prayer made is allowed. 5. The writ petition is dismissed with liberty as prayed." 3. It is pointed out by Sri Vijendra Mani Shukla, learned Standing Counsel appearing on behalf of respondents no.1 & 2 that there are certain deficiencies in the affidavit hence present writ petition is liable to be dismissed. 4. At this stage, a prayer has been made by counsel for the petitioner to dismiss present writ petition as not pressed with liberty to file fresh writ petition. 5. Prayer made is allowed. 6. The writ petition is dismissed with liberty as prayed. It is made clear that in case petitioner will file a fresh writ petition challenging the aforesaid order of suspension, he will serve notice of the writ petition to Sri Prabhakar Awasthi, Advocate, also who is appearing on behalf of caveator. Order Date :- 7.3.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad