Allahabad High Court
Daya Shankar Shukla vs State Of U.P. Thorugh Principal Secy. ... on 2 September, 2019
Author: Ajai Lamba
Bench: Ajai Lamba, Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 2 Case :- MISC. BENCH No. - 10115 of 2010 Petitioner :- Daya Shankar Shukla Respondent :- State Of U.P. Thorugh Principal Secy. Agriculture Lucknow Counsel for Petitioner :- A.K.Mishra,Vivek Kumar Counsel for Respondent :- C.S.C.,Madhulika Yadav Hon'ble Ajai Lamba,J.
Hon'ble Manish Mathur,J.
(Application No. 140050 of 2018 & Application No. 140052 of 2018)
1. Application No. 140052 of 2018 seeks substitution of the petitioner on the premise that the principal of the college has changed and therefore the new principal Sri Om Prakash Gaur may be allowed to substitute the earlier petitioner namely Sri Daya Shanker Shukla.
2. We have taken into account the fact that a bare reading of the memo of parties indicates that the writ petition has been filed by Daya Shanker Shukla in his personal capacity. The college itself has not filed the petition. In such circumstances, we find no reason to allow the application for substitution.
3. The application is accordingly dismissed.
Order Date :- 2.9.2019 prabhat Court No. - 2 Case :- MISC. BENCH No. - 10115 of 2010 Petitioner :- Daya Shankar Shukla Respondent :- State Of U.P. Thorugh Principal Secy. Agriculture Lucknow Counsel for Petitioner :- A.K.Mishra,Vivek Kumar Counsel for Respondent :- C.S.C.,Madhulika Yadav Hon'ble Ajai Lamba,J.
Hon'ble Manish Mathur,J.
(Application No. 140045 of 2018 & Application No. 140047 of 2018)
1. Application No. 140047 of 2018 seeks recall of order dated 3.5.2017, and consequent restoration of the petition. Since the application has been filed beyond limitation, application No. 140045 of 2018 has been filed for condonation of the delay in filing the restoration application.
2. Contention of learned counsel for the applicant is that cause of action does not survive. The issue has been decided in another writ petition by this court while dealing with writ petition No. 2789 (M/B) of 1997 titled 'Committee of Management, Public Inter College, Sampurna Nagar, Kheri and others versus Zila Panchayat Kheri and others'. It has been projected before the Court by the learned counsel for the petitioner that the dispute related to land and the same having been adjudicated in judgment rendered in writ petition No. 2789(M/B) of 1997 (supra), the petition has been rendered infructuous. It be disposed of as such.
3. Ordered accordingly.
Order Date :- 2.9.2019 prabhat