Dismissed¶¶10

Saurabh Kumar Sharma v. State of U.P. and 2 Others

Allahabad HC3 Jul 2023WRIC/14071/2023

Case brief

AI extract

What is this about?

Allahabad High Court; Vikas Budhwar, J.; WRIT - C No. 14071 of 2023; Neutral Citation 2023:AHC:130591; Saurabh Kumar Sharma v. State of U.P. and 2 Others; mark-sheet; representation dated 10.03.2023; communication/letter dated 21.01.2023; Secretary Technical Education; counter affidavit sworn 25.05.2023; dismissal of writ petition as withdrawn with liberty to challenge communication dated 21.01.2023; withdrawal of writ petition; no merits decided; no precedent cited.

What did the court decide?

Liberty reserved to the writ petitioner to challenge the communication dated 21.01.2023 as and when it occasions, by filing a fresh writ petition. ¶¶10

Saurabh Kumar Sharma Vs State of U.P. and 2 Others — Allahabad HC (2023) — LawSathi Research

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Neutral Citation No. - 2023:AHC:130591

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Court No. - 35

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Case :- WRIT - C No. - 14071 of 2023

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Petitioner :- Saurabh Kumar Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bipin Pal Singh Counsel for Respondent :- C.S.C.,Alok Ranjan Mishra,Amrita Rai Mishra

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Hon'ble Vikas Budhwar,J.

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Heard Sri Dileep Shukla holding brief of Sri Bipin Pal Singh learned counsel for the writ petitioner, learned Standing Counsel who appears for respondents No. 1 and 2 and Sri Alok Ranjan Mishra and Ms. Amrita Rai Mishra who appear for respondent No. 3.

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Prayer in the present petition is for a direction to the third respondent to decide the claim of the writ petitioner with regard to the mark-sheet and in alternative to decide the representation dated 10.03.2023.

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This Court on 27.04.2023 issued notices to the third respondent pursuant whereto a counter affidavit has been filed on behalf of the third respondent sworn on 25.05.2023. Learned counsel for the third respondent has invited the attention of the Court towards page 16 of the counter affidavit so as to contend that the Assistant Lecturer on behalf of the Secretary Technical Education has informed the third respondent by virtue of the letter dated 21.01.2023 that the changes sought to be made at the behest of the writ petitioner cannot be acceded to as they are not permissible within the law. The learned counsel for the third respondent further submits that until and unless the order/communication dated 21.01.2023 is put to challenge the petitioner cannot get any relief.

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Confronted with the said situation learned counsel for the writ petitioner seeks permission to withdraw the writ petitioner by filing a fresh writ petitioner challenging the said communication. Learned Standing Counsel as well as the counsel appearing for the third respondent have no objection to the same.

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Accordingly, the present writ petition is dismissed as withdrawn with the aforesaid liberty reserved to the writ petitioner to challenge the communication dated 21.01.2023 as and when it occasions.

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With the aforesaid observations the writ petition stands consigned to record.

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Order Date :- 3.7.2023 Rajesh

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Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad

Saurabh Kumar Sharma v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Saurabh Kumar Sharma v. State of U.P. and 2 Others

Case brief

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