Petitioner sought to withdraw the writ petition challenging the Uttar Pradesh Qualifying Service for Pension and Validation Ordinance, 2020 as it was superseded by an Act. The court allowed the withdrawal with liberty to challenge the new Act.
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Court No. - 3
Case :- WRIT - A No. - 17334 of 2021
Petitioner :- Kapheel Ahmad Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Sushil Kumar Rao,Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Syed Aftab Husain Rizvi,J.
Learned counsel for the petitioner states that the petitioner has challenged the validity of the Uttar Pradesh Qualifying Service for Pension and Validation Ordinance, 2020 (U.P. Ordinance No.19/2020) whereas the said ordinance does not exist as legislature has enacted the Uttar Pradesh Qualifying Service for Pension and Validation Act and, therefore, the petitioner wants to withdraw the writ petition with liberty to file a fresh writ petition to challenge the validity of the Act.
Learned standing counsel has no objection to the aforesaid request.
In view of the aforesaid, the writ petition is dismissed as withdrawn with liberty as prayed.
Order Date :- 2.12.2021 NLY
Kapheel Ahmad
State Of U.P.
Surya Prakash Kesarwani
Syed Aftab Husain Rizvi
As recorded by the court registry
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