Allahabad High Court
Nirmal Chandra Bisaria vs State Of U.P. ... on 25 September, 2024
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:66478 Court No. - 4 Case :- WRIT - A No. - 8468 of 2024 Petitioner :- Nirmal Chandra Bisaria Respondent :- State Of U.P. Thru.Addl.Chief/Prin.Secy. Deptt. Of Consumer Protection And Weight Deptt. And Others Counsel for Petitioner :- Piyush Mishra,Vinay Prakash Tiwari Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J.
1.Heard Sri Piyush Mishra, learned counsel for the petitioner and Sri A.K. Pandey, learned Chief Standing Counsel-V for the State.
2. By means of this writ petition, the petitioner has prayed for the following reliefs:-
"(i) to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 03.09.2024 passed/ issued by the opposite party No.1 and order dated 09.09.2024 passed by the opposite party No.3, contained in Annexure Nos.1 and 2 to the writ petition.
(ii) to issue a writ, order or direction in the nature of mandamus commanding the respondents to allow to petitioner to continue on the post of Member in District Consumer Grievance Redressal Forum, Budaun till the end of second term in view of order passed by this Hon'ble Court in PIL No.982 of 2024 as well as order of Hon'ble Apex Court in SLP No.25612 of 2023; Ganesh Kumar Rajeshwarrao Selukar and others vs. Mahendra Bhashkar Limaye and others."
3. Attention has been drawn towards an interim order dated 31.05.2024 (Annexure No.6) passed by the Division Bench of this Court in Public Interest Litigation (PIL) No.982 of 2024; Come On India vs. Union of India and others. The identical issue is pending consideration before the Apex Court and the Apex Court has passed the order dated 10.11.2023 which has been considered by the Division Bench in its further order dated 12.08.2024 (Annexure No.10) in the same PIL.
4. Learned counsel for the petitioner is seeking relief to the effect that the benefit of order being passed by the Division Bench in the aforesaid case may be extended to the present petitioner as he is also serving as a Member of the District Consumer Grievance Redressal Forum, Budaun.
5. Learned counsel for the petitioner has also drawn attention of this Court towards para-9 of the writ petition wherein the prayer so prayed before the Division bench in the aforesaid PIL has been reproduced.
6. Since on account of the relevant provision of law, the vires thereof has been assailed in the aforesaid PIL, the petitioner is feeling aggrieved, therefore, the Registry of this Court shall file a specific report to the effect as to whether this writ petition would be entertained by the Division Bench or by the Single Judge. If this matter should be placed before the Division Bench, indicating the reason in its report the matter may be placed before appropriate Court.
7. List this case on 15.10.2024 as fresh in the list of fresh cases.
[Rajesh Singh Chauhan,J.] Order Date :- 25.9.2024 Suresh/