Court No. - 18 Case :- WRIT - A No. - 23536 of 2010 Petitioner :- Saket Prasad & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Saroj Yadav Respondent Counsel :- C.S.C.,Sanjay Kumar Singh Hon'ble Arun Tandon,J.
Heard Sri R.K. Ojha, learned counsel for the petitioner, Sri Sanjy
Kumar Singh, learned counsel for the University, and learned Standing
Counsel for the State-respodnent.
This writ petition has been filed by three petitioners. Out of the three,
the petitioner nos. 1 and 3 have approached this Court for the same
relief vide Civil Misc. Writ Petition No. 43634 of 1999. So far as the
petitioner no.2 is concerned, Sri R.K. Ojha, learned counsel for the
petitioner submits that he is not a party to the earlier writ petition.
The factum of the first writ petition being Civil Misc. Writ Petition No.
43634 of 1999 having been filed by petitioner nos. 1 and 3 and being
pending before this Court had not been disclosed in the present writ
petition.
It is sated that petitioner no.2 proposes to challenge the subsequent
orders of promotion, which have been issued in favour of persons, who
were beneficiary of earlier promotion, which is subject mater of
consideration in writ petition no. 43634 of 1999.
Sri Ojha seeks permission to withdraw the present writ petition with
liberty as follows:
Petitioner nos. 1 and 3 may be permitted to make an amendment
application in Civil Misc. Writ Petition No. 43634 of 1999 for
challenging the further action taken qua grant of further promotion.
So far as the petitioner no.2 is concerned, he may be granted liberty to
file a fresh writ petition.
The present writ petition is accordingly dismissed as withdrawn with
liberty as prayed for.
(Arun Tandon, J.)
Order Date :- 10.5.2010
Sushil/-