IN THE HON’BLE HIGH
COURT OF JUDICATURE AT ALLAHABAD
I N D E X
IN
CIVIL MISC. APPLICATION NO. OF 2010
(Under Section 151 of the C.P.C.)
IN
CIVIL MISC. WRIT PETITION NO. 8166
OF 2010
(DISTRICT –
AURAIYA)
Committee of Management, Kisan Inter
College, Bhagya Nagar,
Auraiya through its Manager Sri Ashok Yadav and others
-------------------------------------Petitioners
Versus
State of U.P.
and others-----------------------------------Respondents
|
Sl.no.
|
Particulars.
|
Dates.
|
Annx.
|
Pages.
|
|
1.
|
Misc. Application
|
--
|
--
|
|
|
2.
|
Affidavit in support of Misc.
Application.
|
--
|
--
|
|
|
3.
|
Copy of the order passed in
Special Appeal no. 651 of 2010.
|
29.4.2010
|
1
|
|
|
4.
|
Copy of the order passed in
contempt application no. 1624 of 2010.
|
6.4.2010
|
2
|
|
Dt/- 9th May, 2010 ( YOGESH KUMAR SAXENA )
Advocate.
Counsel for the
Respondent no.4
Chamber no. 139, High Court,
Allahabad.
IN THE HON’BLE HIGH
COURT OF JUDICATURE AT ALLAHABAD
CIVIL MISC. APPLICATION NO. OF 2010
(Under Section 151 of the C.P.C.)
On behalf of
Committee of Management, Kisan Inter College, Bhagya
Nagar, Auraiya through its Manager Sri Shailendra Gupta.
--------------------Applicant/ Respondent no.4.
IN
CIVIL MISC. WRIT PETITION NO. 8166
OF 2010
(DISTRICT – AURAIYA)
1. Committee of Management, Kisan Inter
College, Bhagya Nagar, Auraiya through its Manager Sri Ashok Yadav.
2. Sri Ashok Yadav, Manager, Committee
of Management, Kisan Inter College, Bhagya Nagar, Auraiya.
3. Sri Raj Narayan Saxena, President,
Committee of Management, Kisan Inter College, Bhagya Nagar, Auraiya.
--------------------------------Petitioners
Versus
- State of U.P. through Principal Secretary, Secondary Education, U.P. Lucknow.
- District Inspector of Schools, Auraiya, District Auraiya.
- Regional Joint Director of Secondary Education, Allahabad Region, Allahabad.
- Committee of Management, Kisan Inter College, Bhagya Nagar, Auraiya through its alleged Manager Sri Shailendra Gupta.
-------------------------------Respondents.
To,
The
Hon’ble the Chief Justice and his other companion Judges of the aforesaid Court.
The humble
application of the abovenamed applicant/ Respondent no.4 most respectfully
showeth as under :-
1. That this application will be filed
on 10.5.2010 and it is to be listed on 12. 5. 2010.
2. That the full facts and
circumstances of the case have been stated in the accompanying counter
affidavit, it is expedient in the interest of justice that in view of the
observations made in the judgment passed on 29.4.2010 in Special Appeal no. 651
of 2010 filed by respondent no.4, the present writ petition may be dismissed
with exemplary costs and the interim order passed therein may kindly be vacated
in the interest of justice.
P R A Y E R
It is, therefore, most respectfully
prayed that in view of the observations made in the judgment passed on
29.4.2010 in Special Appeal no. 651 of 2010 filed by respondent no.4, the
present writ petition may be dismissed with exemplary costs and the interim
order passed therein may kindly be vacated in the interest of justice.
Dt/- 9th May, 2010 ( YOGESH KUMAR SAXENA )
Advocate.
Counsel for the Respondent
no.4
Chamber no. 139, High Court,
Allahabad.
IN THE HON’BLE HIGH
COURT OF JUDICATURE AT ALLAHABAD
AFFIDAVIT
IN
CIVIL MISC. APPLICATION NO. OF 2010
IN
CIVIL MISC. WRIT PETITION NO. 8166
OF 2010
(DISTRICT – AURAIYA)
Committee of Management, Kisan Inter
College, Bhagya Nagar,
Auraiya through its Manager Sri Ashok Yadav and others
-------------------------------------Petitioners
Versus
State of U.P.
and others-----------------------------------Respondents
Affidavit
of Shailendra Gupta, aged about 29 years, son of Sri Prem Chandra Gupta,
Manager, Committee of Management, Kisan
Inter College,
Bhagya Nagar, Auraiya, resident of Khanpur, Phaphund, Post office Bhagya Nagar,
District Auraiya.
( Deponent )
I, the deponent above-named, do hereby solemnly affirm and state on oath
as under: -
1.
That
the deponent has been impleaded as respondent no.4 in the abovenoted writ
petition and as such the deponent is well acquainted with the facts of case
deposed to below.
2.
That
the deponent has already filed a stay vacation application along with detailed
counter affidavit in reply to the contents of writ petition, wherein the
deponent has brought on record the existence of judgment passed on 10.8.2006
passed in writ petition no. 41453 of 2006 connected with writ petition no.
44489 of 2003 and also judgment dated 6.9.2006 passed in writ petition no.
47402 of 2006 having the direction to deposit Rs. 20,000/- in the account of
institution by Ashok Yadav. Thus the very existence of Ashok Yadav As earst
while manager in the election of 2003 and 2006 is based upon the forged-non
existent, redundant and obsolete order filed as Annexure 1 In the present writ
petition No. 8166 of 2010.
3.
That
the deponent has also brought on the record the counter stand taken by Ved
Prakash Gupta filing the affidavit in support of writ petition no. 8166 of 2010
without disclosing any fact that how does he is empowered to represent as
committee of management of the institution. It has also been disclosed that
affidavit were filed in writ petition no. 36236 of 2008 by same Ved Prakash Gupta,
wherein the Manager/ Secretary was shown as Ashok Saxena instead of Ashok Yadav
to challenge the order of Prescribed Authority. The said writ petition was
filed by saying that Ashok Yadav, filing the present writ petition as manager
had ceased to remain in existence as
Manager in the institution.
4.
That
the judgment passed in writ petition no. 9177 of 2010 passed on 19.2.2010 has
also be brought to the knowledge of this Hon’ble Court by filing the counter
affidavit in support of stay vacation application in present writ petition no.
8166 of 2010, which is pending before this Hon’ble Court, but no rejoinder
affidavit has been filed by the petitioners till date.
5.
That
the deponent is filing the judgment passed in Special Appeal No. 651 of 2010
filed by deponent challenging the order dated 1.4.2010 extending the order
dated 16.2.2010 obtained by petitioners by committing the fraud upon majesty of
this Hon’ble Court. The Division Bench of this Hon’ble Court has observed that
if the fraud has been brought by filing counter affidavit, then the deponent
may approach before Hon’ble Single Judge to get the aforesaid interim order
vacated as the same has been obtained by committing fraud and material in
support of aforesaid contention has not been brought to the notice of this
Hon’ble Court. The true copy of the order dated 29.4.2010 passed in Special
Appeal no. 651 of 2010 is being filed herewith and marked as Annexure no.1 to this affidavit.
6.
That
the petitioner no.1 has filed the contempt application no. 1624 of 2010,
alleging therein, notices have been issued fixing 26.5.2010 by an order dated
6.4.2010. The true copy of the order dated 6.4.2010 passed in contempt
application no. 1624 of 2010 is being filed herewith and marked as Annexure no.2 to this affidavit.
7.
That
it is well settled law that the staying of the operation of the order under
challenged by the interim order has a distinction with upholding for quashing
the same order. The stay of operation of an order would not mean that the order
has been wiped out, but is being kept in abeyance for the time being (M/s Shree
Chamundi Moped Vs. Church of South India Trust reported in A.I.R. 1992 S.C.
Page 1439). Thus the District Inspector of Schools proceeded to act upon in
compliance of the specific directions for appointment of an observer in
compliance of the judgment dated 19.2.2010 by passing an order appointing Sri
Panna Lal on 11.3.2010 in furtherance of the judgment passed in writ petition
no. 9177 of 2010.
8.
That
in view of the aforesaid facts and circumstances of the case, it is expedient
in the interest of justice that this Hon’ble Court may graciously be pleased to
fix an early date, so that exparte interim order granted on 16.2.2010 extended
until further order on 1.4.2010 may be vacated and the writ petition may be
dismissed by imposing exemplary cost against petitioners.
I, the deponent above named, do hereby verify that the contents of para
nos. 1, 2, 3, 4,
of this affidavit are true to my personal knowledge and those the contents of para nos. 5, 6
of this affidavit are based on perusal of records and those the contents
of para nos. 7, 8
of
this affidavit are based on legal advise, which all I believe to be true that
no part of it is false and nothing material has been concealed in it.
So help me God.
(Deponent)
I, Yogesh Kumar Saxena, Advocate, High Court, Allahabad, do hereby
verify that the person making this affidavit and alleging himself to be the
deponent is known to me from perusal of papers produced before me by him in
this case.
(Advocate)
Solemnly affirmed before me on this th day of
May, 2010 at about a.m./p.m. by the deponent, who has
been identified by the aforesaid person.
I have satisfied myself by examining deponent that he understands the
contents of this affidavit, which have been readover and explained to him.
OATH COMMISSIONER.
No comments:
Post a Comment