JAY PRAKASH PATEL v. DISTRICT MAGISTRATE, JAUNPUR AND 5 OTHERS
WRIA/937/2019 · 2025-05-15
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7079 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7079 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:81149 Court No. - 6 Case :- WRIT - A No. - 937 of 2019 Petitioner :- Jay Prakash Patel Respondent :- District Magistrate, Jaunpur And 5 Others Counsel for Petitioner :- Adarsh Singh,Indra Raj Singh Counsel for Respondent :- C.S.C.,Ganesh Shanker Srivastava,Mrigraj Singh,Tej Bhan Singh Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Abhishek Singh, Advocate holding brief of Sri Adarsh Singh, learned counsel for petitioner and Sri Tej Bhan Singh, Advocate for Respondents-2 to 4.
2. Petitioner has already lost legal battle when earlier round of litigation initiated by Respondent-6 was allowed and impugned order wherein dated 18.01.2007 and 05.04.2008 were quashed which were in favour of petitioner herein granting 10 additional marks to appoint him ahead of Respondent-6. Aforesaid order of this Court dated 24.05.2018 was never challenged by petitioner. A reference is also taken from following part of para 22 of the judgment which is reproduced hereinafter:
“Since I have set aside the impugned order and I find that a gross illegality has been committed for which the petitioner has already suffered a lot, setting aside of the impugned order shall result in consequential benefits to the petitioner and necessary
order shall be passed by the authority concerned within a period of six weeks from the date of production of certified copy of this order.”
3. Aforesaid part of judgment makes it very clear that concerned respondent has to pass only a consequential order, i.e., to appoint Respondent-6 and, therefore, the present proceedings which has arisen out of consequential order cannot be considered a lis so far as case of petitioner is concerned. For the sake of repetition it is mentioned that order dated 24.05.2018 which is absolutely against petitioner, was not challenged, therefore, this writ petition itself is not maintainable.
4. Dismissed accordingly.
Order Date :- 16.5.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad