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2025 DAILYLAW 9502 (ALL)

C/M GANESH SHANKAR VIDYARATHI SMARAK INTER COLLEGE AND 5 OTHERS v. STATE OF U.P. AND 7 OTHERS

WRIC/6566/2022 · 2025-09-11

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 6566 of 2022 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed challenging the order dated 15.11.2021 passed by Executive Officer, Nagar Palika Maharajganj. 3. When the writ petition was filed the same was adjourned on the ground of non-availability of the counsel. The order dated 20.04.2022 is reproduced herein as under: "Case is called out in the revised list. None is present on behalf of the petitioners. However, Shri Rakesh Kumar Gupta, learned counsel for the respondent is present. List on 9th May, 2022. If pleadings have not yet been completed, be completed by that time." 4. This Court on 07.02.2024 again directed the matter to be listed on 08.02.2024. The order sheet reveals that the petition has never been argued by learned counsel for the petitioner and as such there is no urgency for the petitioner in the matter which is evident from the conduct of the petitioner's counsel. 5. A preliminary objection has been raised that there is statutory appeal under Section 318 of U.P. Municipalities Act, 1916 against the impugned order which fact is not denied by the learned counsel for the petitioner. Versus Counsel for Petitioner(s) : Akhileshwar Dwivedi, Sheikh Moazzam Inam, Vivek Pandey Counsel for Respondent(s) : Prabhakar Vardhan, Rakesh Kumar Gupta, Suresh Chandra Dwivedi C/M Ganesh Shankar Vidyarathi Smarak Inter College And 5 Others .....Petitioner(s) State Of U.P. And 7 Others .....Respondent(s) 6. In such view of the fact, writ petition is dismissed on the ground of alternative remedy. September 12, 2025 Mohit WRIC No. 6566 of 2022 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad