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2025 DAILYLAW 64974 (ALL)

SHIV SWAROOP PANDEY v. STATE OF U.P. AND 7 OTHERS

WRIC/18005/2025 · 2025-05-29

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93348 Court No. - 33 Case :- WRIT - C No. - 18005 of 2025 Petitioner :- Shiv Swaroop Pandey Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Amit Kumar Shrivastava,Brijesh Kumar Pandey Counsel for Respondent :- C.S.C.,Sanjai Kumar Pandey Hon'ble Prakash Padia,J. 1. The petitioner has preferred the present petition inter-alia with the prayer to quash the order dated 02.05.2025/03.05.2025 passed by the respondent No.3. By the aforesaid order, the financial & administrative power has been ceased. 2. Sri Sanjai Kumar Pandey, learned counsel for the respondent No.8/Shailendra Gupta/complainant argued that earlier an order dated 07.11.2022 was also passed against the petitioner by which financial and administrative power of the petitioner has been ceased and against the aforesaid order, petitioner had approached this Court by filing Writ C No.38711 of 2022 (Shiv Swaroop Pandey Vs. State of U.P. and others) in which interim order was granted by this Court in his favour on 23.12.2022. It is argued that two F.I.R.s have also been lodged by him against the petitioner. It is argued that these facts are material facts which have been deliberately and willfully concealed by the petitioner while filing the present petition. 3. Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 to 7 & Sri Sanjai Kumar Pandey, learned counsel for the respondent No.8. 4. From perusal of the facts as narrated it is clear that the petitioner has deliberately and willfully concealed the material facts regarding earlier order passed against the petitioner on 07.11.2022 and the petition filed by him in which interim order was granted in his favour by this Court on 23.12.2022. 5. After going through the aforesaid facts, the Court is of the prima facie opinion that these facts are material facts which could change the dimension of the case but the petitioner willfully and deliberately concealed the same. 6. At this point of time, a prayer has been made by learned counsel for the petitioner to dismiss the present petition as withdrawn with liberty to file fresh petition with correct facts. 7. Taking a lenient view and in the interest of justice, the present petition is dismissed as withdrawn with liberty as prayed. Order Date :- 30.5.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad