High Court of Judicature at Allahabad
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Mahendra Kumar v. State Of U.P. - WRIT - A No. 23251 of 1993  RD-AH 14375 (25 August 2006)
Hon'ble Ran Vijai Singh, J.
This writ petition has been filed with the following prayers:-
" i) to issue a writ, order or direction in the nature of certiorari to quash the suspension order dated 1.5.1993(annexure no.4 to the writ petition).
ii) to issue a writ, order or direction in the nature of interim mandamus directing the respondent no. 2 not to interfere in the functioning of the petitioner as Lekhpal in circle Pama, Tehsil Akbarpur, District Kanpur Dehat.
iii) to issue any other writ,order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case.
iv) to award cost of the petition."
Initially the writ petition was entertained and this Court has passed an order on 7.7.1993 staying the operation of suspension dated 1.5.1993 for a period of three months. However, it was clarified that this order will not prevent the authority concerned to proceed with the departmental enquiry which was required to be completed as far as possible within three months from the date of presentation of certified copy of this order. Further, learned Standing Counsel was also granted six weeks time to file counter affidavit.
The case is on today's list. Learned Standing Counsel states that he has got no instructions. It appears that by the efflux of time the writ petition has become infructuous. Hence, the writ petition is dismissed as having become infructuous. However, if any cause of action survives even today, it will be open to the petitioner to move an application for recall of this order.
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