The petitioner challenged a State Government order implementing an interim Supreme Court interim order via PIL No. 878 of 2022. The Court held that a fresh writ petition is misconceived during pendency of the Supreme Court case and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 2
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 159 of 2023
Petitioner :- Om Prakash Pathak Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Urban Development Civil Secrett. U.P. Lko. And Others Counsel for Petitioner :- Ashok Shukla Counsel for Respondent :- C.S.C.
Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Subhash Vidyarthi,J.
"(D) In case, term of Municipal Body comes to an end, till the formation of the elected Body the affairs of such Committee headed by the District
Magistrate concerned, of which the Executive Officer / Chief Executive Officer / Municipal Commissioner shall be a member. The third member shall be a District Level Officer to be nominated by for provisions. Municipal Body shall be conducted by a three-member the District Magistrate.
However, the said Committee shall discharge only day-to- day functions of the Municipal Body concerned and shall not take any major policy decision."
4.1.2023 passed by Hon'ble the Supreme Court is misconceived and the same is, accordingly, dismissed , however, the petitioner will be at liberty to take recourse to any other remedy available to him for redressal of his grievance.
( Subhash Vidyarthi, J. ) ( Devendra Kumar Upadhyaya, J. ) Order Date :- 3.3.2023 A.Nigam
Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the High Court is empowered to admit a fresh writ petition challenging an executive order passed in compliance with an interim order of the Supreme Court.
Whether nomination of a Sub Divisional Magistrate as a District Level Officer violates directions issued in PIL No. 878 of 2022.
Om Prakash Pathak
State Of U.P.
Devendra Kumar Upadhyaya
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
