Disposed

Ms. Shipra Kapil and 17 Others v. State of U.P. Thru. Secy. Finance, Lko. and 8 Others

Allahabad HC6 Jun 2022/3439/2022

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a direction to the Deputy Registrar to consider additional objections filed by parties not involved in a similar previous writ. The court disposed of the petition at the admission stage, directing the authority to expedite the consideration of these objections according to law and rules.

What did the court decide?

Direction issued to the Deputy Registrar to consider and decide the said additional objection along with objections already submitted, affording an opportunity of hearing to concerned parties expediti

Ms. Shipra Kapil and 17 Others Vs State of U.P… — Service and Employment | Allahabad HC (2022)

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Court No. - 2

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Case :- WRIT - C No. - 3439 of 2022

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Petitioner :- Ms. Shipra Kapil And 17 Others Respondent :- State Of U.P. Thru. Secy. Finance, Lko. And 8 Others Counsel for Petitioner :- Mahendra Bahadur Singh,Rakesh Kumar,Vikas Singh

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Counsel for Respondent :- C.S.C.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Mahendra Bahadur Singh, learned counsel for the petitioners and learned State Counsel.

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In view of proposed order notice to opposite parties no. 4 to 9 is hereby dispensed with as no prejudice is being caused to opposite parties no. 4 to 9.

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After arguing at some length the learned counsel has drawn attention of this Court towards Annexure no. 13 which is an order passed in a similar issue dated 16.2.2022 passed in WritC No. 907 of 2022 ( Smt. Ritu Sahu and others vs. State of U.P. and others). For convenience the order dated 16.2.2022 is being reproduced herein below:

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"Heard learned counsel for the petitioners, learned Additional Chief Standing Counsel for the respondents no. 1 to 3 and Dr. L. P. Mishra, learned counsel for the respondents no. 11 & 12.

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After arguing the matter at some length, learned counsel for the petitioners submits that as in pursuance to the impugned order dated 03.01.2022, a copy of which is annexure 1 to the petition, the respondent no. 3 i.e. the Deputy Registrar, Firms, Societies and Chits, Lucknow Region, Lucknow has invited objections to which the petitioners have already submitted objections on 10.01.2022, a copy of which is annexure 15 to the petition, the petitioners may be permitted to submit certain additional objections and both the said objections be directed to be decided within a time frame fixed by this Court to which learned Counsel for the respondents have no objection.

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Accordingly, without entering into the merits of the case, the writ petition is disposed of leaving it open to the petitioners to submit additional objections, if any, against the impugned order dated 03.01.2022 within a period of a week from today. In case such additional objections are submitted alongwith a certified copy of this order then the respondent no. 3 shall proceed to decide the said additional objections alongwith the objections already submitted on 10.01.2022 expeditiously in accordance with law and the relevant rules."

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Learned counsel for the petitioner has submitted that pursuant to the aforesaid order dated 16.2.2022 the additional objections, so filed by the petitioners of that petition are being considered by the Deputy Registrar but since the present petitioners were not party in that petition and they have not filed any other petition, therefore, despite the issue being similar the Deputy Registrar has declined to consider the additional objections, so filed by the petitioners which has been enclosed as Annexure

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no. 12. A specific recital of this effect has been given in para 50 of the writ petition wherein the petitioners have stated on affidavit that the Deputy Registrar has refused to accept the request of the petitioners and told that the petitioners of Writ-C No. 907 of 2022 are being heard in compliance of order of this Court as the present petitioners have not filed any objection. Therefore, Sri Singh has made an innocuous request that the direction may be issued to the Deputy Registrar, Firms, Societies and Chits, Lucknow Region, Lucknow to consider and dispose of the objections of the petitioners which has been enclosed as Annexure no. 12 to the writ petition.

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On such request the learned counsel for the opposite party has no objection.

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Therefore, without entering into the merits of the issue, I hereby dispose of this writ petition finally at the admission stage directing the Deputy Registrar, Firms, Societies and Chits, Lucknow Region, Lucknow to consider and decide said additional objection along with objections already submitted by affording an opportunity of hearing to the concerned parties expeditiously in accordance with law and relevant rules.

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In view of aforesaid terms the writ petition is disposed of .

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(Rajesh Singh Chauhan, J.)

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Order Date :- 6.6.2022 Om

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Digitally signed by OM PRAKASH MISHRA Date: 2022.06.07 18:49:53 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Ms. Shipra Kapil and 17 Others v. State of U.P. Thru. Secy. Finance, Lko. and 8 Others

Case brief

What is this about?

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Ms. Shipra Kapil and 17 Others v. State of U.P. Thru. Secy. Finance, Lko. and 8 Others

Case brief

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