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BHINGA RAJ ANATHALAYA TRUST & ANOTHER versus PRINCIPAL SECRETARY, (DHARMARTHA KARYA VIBHAG) & OTHERS

High Court of Judicature at Allahabad

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Bhinga Raj Anathalaya Trust & Another v. Principal Secretary, (Dharmartha Karya Vibhag) & Others - WRIT - C No. - 36924 of 2007 [2007] RD-AH 14744 (31 August 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon'ble Ashok Bhushan, J.

This Court on 21.8.2007 directed the respondents to file counter affidavit categorically stating as to under which legal authority the impugned order dated 30.3.2006 has been passed. Petitioner's case is that the petitioner is registered society and being run by the petitioner. By an order impugned dated 20th of March, 2006 the Principal Secretary of the State Government appointed a Committee headed by one Chandramani Kant Singh, Member of Legislative Assembly. Petitioner's case is that the said order has been passed without any notice and without giving any reason for appointment of the said Committee. This Court granted opportunity to the respondents to file a reply but no reply has been filed so far. The impugned order having not supported by any reason nor having been passed before giving any opportunity to the petitioner, prima facie, deserves to be stayed. The respondents have no material on record to justify the source of the authority in passing the said order.

Considering the facts of the present case and the submissions made, the order dated 20th March, 2006 Annexure-1 to the writ petition shall remain stayed. It will be open for the respondents to file counter affidavit to the writ petition within four weeks.

List thereafter for admission.

D/-31.8.2007

SCS/36924


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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