Allahabad High Court
Committee Of Management Bilhaur Inter ... vs State Of Up And 3 Others on 10 April, 2024
Author: Chief Justice
Bench: Chief Justice
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:62668-DB Chief Justice's Court Case :- SPECIAL APPEAL No. - 361 of 2024 Appellant :- Committee Of Management Bilhaur Inter College And Another Respondent :- State Of Up And 3 Others Counsel for Appellant :- Rahul Jain Counsel for Respondent :- Alok Dwivedi,C.S.C. Hon'ble Arun Bhansali,Chief Justice Hon'ble Vikas Budhwar,J.
1. This appeal is directed against order dated 11.03.2024 passed in Writ-C No.8281 of 2024, whereby the writ petition filed by the petitioner challenging order dated 15.02.2024 passed by District Inspector of Schools, Kanpur Nagar directing for single operation of accounts of the petitioner-Institution has been dismissed.
2. Learned counsel for the appellant made submissions that a recall application has been filed by the appellant, which is pending before the District Inspector of Schools, Kanpur Nagar and the authority may be directed to decide the said application expeditiously.
3. Counsel appearing for the respondents made submissions that the application before the said authority for recall of the order is not maintainable.
4. We have considered the submissions made. The filing of the application seeking recall of the order is not disputed. Whether application is maintainable or not or whether any recall is made or not is to be decided by the authority. The said aspect cannot be decided by this Court at this stage. Once the application has been filed by the appellant, the same needs to be decided by the authority one way or the other. The same cannot be kept pending indefinitely. Consequently, the appeal filed by the appellant is disposed of.
5. The District Inspector of Schools is directed to decide the pending recall application with expedition, preferably within a period of two weeks from the date of this order.
Order Date :- 10.4.2024
N.S.Rathour/A.Prajapati
(Vikas Budhwar, J.) (Arun Bhansali, C.J.)