Disposed

Lucknow Development Authority Thru. Secy. and Another v. Sri Hariom Srivastava and Another

Allahabad HC2 Sept 2024A227/4159/2024

Case brief

AI extract

What is this about?

This court disposed of a matter under Article 226 of the Constitution of India. The petitioners had sought quashing of an order dated 08.08.2024 passing a non-bailable warrant against an officer. The court dispensed with notice to the opposite party and accepted an undertaking to appear, thereby disposing of the petition.

What did the court decide?

Petition disposed of by recording an undertaking to appear before the Commission, relieving the necessity for a non-bailable warrant.

Lucknow Development Authority Thru… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:60016

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 4159 of 2024

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Petitioner :- Lucknow Development Authority Thru. Secy. And Another Respondent :- Sri Hariom Srivastava And Another Counsel for Petitioner :- Ratnesh Chandra Counsel for Respondent :- Shikhar Anand

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Ratnesh Chandra, learned counsel for the petitioners and Shri Shikhar Anand, learned counsel for the opposite party No.2-U.P. State Human Rights Commission, Lucknow.

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Keeping in view the nature of relief sought and the order proposed to be passed, issuance of notice to the opposite party No.1 is dispensed with.

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By means of the instant petition filed under Article 227 of the Constitution of India, the petitioners have sought quashing of an order dated 08.08.2024 passed by the U.P. Human Rights Commission, Lucknow, whereby a non-bailable warrant has been issued against an Additional Secretary of Lucknow Development Authority consequent to his non appearance before the Commission.

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Without going into the merit of the case, learned counsel for the petitioners has given an undertaking that the petitioner No.2-Additional Secretary, Lucknow Development Authority, Lucknow shall appear before the U.P. State Human Rights Commission, Lucknow tomorrow i.e. on 03.09.2024 itself.

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As the purpose of issuance of a non-bailable warrant was to ensure appearance of the Officer concerned before the Commission and an undertaking has been given before this Court on behalf of the Officer that he will appear before the Commission tomorrow i.e. on 03.09.2024 , this petition is disposed of by recording the aforesaid undertaking and providing that in case the petitioner appears before the U.P. State Human Rights Commission, Lucknow tomorrow and files an appropriate application, the Commission will pass appropriate orders thereon keeping in view the fact that purpose of issuing a non-bailable warrant already stands achieved.

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[Subhash Vidyarthi,J.]

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Order Date :- 2.9.2024 -Amit K-

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Lucknow Development Authority Thru. Secy. and Another v. Sri Hariom Srivastava and Another

Case brief

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Lucknow Development Authority Thru. Secy. and Another v. Sri Hariom Srivastava and Another

Case brief

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