Suresh Vs State of U.P. Thru. Secy. Lok Nirman… — Writ and Judicial Review | Allahabad HC (2024)

Suresh Vs State of U.P. Thru. Secy. Lok Nirman… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Writ petition disposed of with the stated protection applying mutatis mutandis: the petitioners are to receive the benefit of the outcome of the pending Supreme Court proceedings (if the vires of U.P. Act No.1 of 2021 are struck down, the petitioners get the benefit of the judgment and the State shall obey the verdict to the extent applicable), and the parties remain free to participate in the hearing before the apex court.

Issue for consideration

Whether the writ petition can proceed before this Court when the identical subject matter (validity of U.P. Act No.1 of 2021) is simultaneously pending before the Hon'ble apex court. +1 more

Court's answer

Simultaneous proceedings before this Court and the Hon'ble apex court on one and the same subject cannot proceed, as judicial time is a public property and cannot be used to achieve futile results; this Court is bound by the decision of the Hon'ble apex court on the same issue.

Ratio / Principle

The consequences of the pending apex court proceedings were clarified as determinative: if the vires of the impugned Act are upheld, all the writ petitions are liable to be dismissed; if the result is otherwise, the writ petitioners shall be entitled to the benefit of the judgment and the State shall obey the verdict in favour of the petitioners to the extent applicable.

Key takeaways

On the above clarification, the writ petition was disposed of with the protection so granted to apply mutatis mutandis, and the parties were left open to avail the opportunity of hearing before the apex court, if so advised.ratio¶¶15

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), WRIT - A No. 12196 of 2024 (Suresh v. State of U.P.), decided 19.12.2024 by Attau Rahman Masoodi and Subhash Vidyarthi, JJ.: Since the identical subject matter — the validity of U.P. Act No.1 of 2021 (earlier introduced through an Ordinance) — is already pending before the Hon'ble apex court in Writ Petition (Civil) No.1458/2020 (fixed for 14.01.2025), simultaneous proceedings on the same subject cannot proceed, judicial time being a public property, and this Court is bound by the apex court's decision on the same issue. The writ petition was accordingly disposed of with a protective direction: if the vires of the Act are upheld, the writ petitions stand liable to dismissal; if otherwise, the writ petitioners shall be entitled to the benefit of the judgment and the State shall obey the verdict in their favour to the extent applicable. Parties were left open to avail hearing before the apex court, if so advised.

Neutral Citation No. - 2024:AHC-LKO:85378-DB

Court No. - 1

Case :- WRIT - A No. - 12196 of 2024

Petitioner :- Suresh

Respondent :- State Of U.P. Thru. Secy. Lok Nirman Vibhag Lko. And 5 Others Counsel for Petitioner :- Pranav Pandey Counsel for Respondent :- C.S.C.

Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J.

Heard Shri Pranav Pandey, learned counsel for the petitioner and the learned Additional Chief Standing Counsel representing the State-respondents.

At the outset, the learned Additional Chief Standing Counsel representing the State-respondents has placed a copy of the order dated 29.08.2023 passed by the Hon'ble apex court in Writ Petition (Civil) No.1458/2020 which reads as under:

"1. An adjournment letter has been moved by learned counsel for the respondents on account of non-availability of the learned Attorney General, who is engaged before the Constitution Bench.

2. List on 03rd October, 2023."

It is not in dispute that the subject matter of the present writ petitions and the matter before the Hon'ble apex court fixed on 14.01.2025 is one and the same i.e. the validity of U.P. Act No.1 of 2021 which was previously brought in through an Ordinance giving rise to the writ petition before the apex court under Article 32 of the Constitution of India.

Simultaneous proceedings before this Court and Hon'ble apex court on one and the same subject can not proceed for the reason that the time frame within which the courts of law

function is a public property and its use can't be allowed to achieve futile results. We have no manner of doubt that this Court is bound by the decision of Hon'ble the apex court on the same issue.

The question that arises is whether the Court may proceed or discharge the proceedings under some protection to the petitioners. It is to be noted that the consequences which are to fall as a result of pending proceedings before the apex court are clear. The vires of the Act shall either be upheld or turned down. In case the vires of the impugned Act is upheld, all the writ petitions in that event are liable to be dismissed and on the result of proceedings being otherwise, the writ petitioners shall be entitled to the benefit of the judgment accordingly and the State shall obey the verdict in favour of the petitioners to the extent applicable.

Having clarified the position as above, we hereby dispose of the present writ petition accordingly and the protection so granted shall mutatis mutandi apply. We equally leave it open to the parties to avail the opportunity of hearing before the apex court, if so advised.

(Subhash Vidyarthi, J.) (Attau Rahman Masoodi, J.)

Order Date :- 19.12.2024 Ram.

Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench