Amita Yadav vs State of U.P. Thru. Prin. Secy. Deptt. of Basic Education Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

Amita Yadav vs State of U.P. Thru. Prin. Secy. Deptt. of Basic Education Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

C.M. Application No. I.A/8/ 2025 allowed permitting correction of opposite party no.5's description and directing issuance of notice to him; in C.M. Application No. 5 of 2025, ten days granted to opposite parties no.2 and 3 to file counter affidavits, matter listed for 28.10.2025 at 2.15 P.M., and interim order dated 2.8.2024 (staying the transfer order dated 13.6.2024) extended till that date.

Issue for consideration

Whether the application dated 23.7.2025 (C.M. Application No. I.A/8/ 2025) should be allowed permitting correction/amendment of the wrongly transcribed address of opposite party no.5. +1 more

Court's answer

C.M. Application No. I.A/8/ 2025 is allowed; the petitioner is permitted to correct the description of opposite party no.5 during the course of the day; notice is to be issued to opposite party no.5 returnable at an early date, with steps to be taken by learned counsel for the petitioner within a week.

Ratio / Principle

Rather than restoring the interim order simpliciter, the Court granted ten days to opposite parties no.2 and 3 to file counter affidavits, listed the matter for 28.10.2025 at 2.15 P.M., and extended the interim order dated 2.8.2024 till that date; the counter affidavit is to be served on the petitioner in advance so a rejoinder can be filed.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 18), Shree Prakash Singh, J., in WRIT - A No. - 5051 of 2024 (Amita Yadav v. State of U.P. Thru. Prin. Secy. Deptt. Of Basic Education Lko. And 2 Others): (i) C.M. Application No. I.A/8/ 2025 (application dated 23.7.2025) allowed — the petitioner was permitted to correct the wrongly transcribed address of opposite party no.5 during the course of the day, with notice to issue to that opposite party returnable at an early date and steps to be taken within a week; (ii) in C.M. Application No. 5 of 2025, noting that although the writ petition — earlier dismissed for want of prosecution — stood restored in May, 2025, the interim order dated 2.8.2024 (whereby the effect and operation of the impugned transfer order dated 13.6.2024 had been stayed) had not been revived, the Court granted ten days to opposite parties no.2 and 3 to file counter affidavits (to be served on the petitioner in advance for rejoinder), listed the matter for 28.10.2025 at 2.15 P.M., and extended the interim order dated 2.8.2024 till that date.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - A No. - 5051 of 2024

Amita Yadav

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Of Basic Education Lko. And 2 Others

Counsel for Petitioner(s) Counsel for Respondent(s) ucaon o. n er	: Ashutosh, Ghaus : C.S.C., Pradeep Singh	Beg Tiwari, .....R	Ran Vijay espondent(s)

Court No. - 18

HON'BLE SHREE PRAKASH SINGH, J.

C.M. Application No. I.A/8/ 2025

Counsel for the applicant is pressing application dated 23.7.2025 and submits that the address of opposite party no.5 was wrongly transcribed and he may be permitted to correct / amend the same with the new/ correct address.

Counsel for the opposite parties no.2 and 3 has no objection.

In view of the aforesaid, the application is allowed.

The petitioner is permitted to correct the description of opposite party no.5 during course of the day.

Let the notice be issued to opposite party no.5 returnable at an early date.

Steps shall be taken by learned counsel for the petitioner within a week.

C.M. Application No. 5 of 2025

The counsel for the petitioner while pressing the application dated 6.1.2025 submits that vide order dated 2nd August, 2024 the effect and operation of the impugned transfer order dated 13.6.2024 was stayed. He

WRIA No. 5051 of 2024

2

submits that subsequently the writ petition was dismissed for want of prosecution and thereafter the application was moved and the petition is restored in the month of May, 2025 but the interim order has not been restored.

He submitted that the counter affidavit has not been filed yet by the opposite parties no.2 and 3 and balance of convenience still subsists in favour of the petitioner, therefore submission is that the interim order which has been passed after hearing both the parties dated 2.8.2024 may be restored.

Counsel appearing for District Basic Education Officer submits that he may be granted 10 days time to file counter affidavit.

List/ put up this matter on 28.10.2025 at 2.15 P.M.

Interim order dated 2.8.2024 is extended till then.

Counter affidavit will be served by opposite parties no.2 and 3 upon the petitioner prior to the date fixed, so that he may file rejoinder affidavit to the same.

(Shree Prakash Singh,J.)

October 8, 2025

Muk

Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench