Mahadevi Kanya Pathshala Society v. State Of Uttarakhand
2020-10-05
RAVINDRA MAITHANI
body2020
DigiLaw.ai
JUDGMENT Ravindra Maithani, J. - Instant petition has been filed for quashing the order dated 28.01.2020, passed by the State of Uttarakhand. 2. Heard learned counsel for the parties through video conferencing and perused the record. 3. The matter was heard on 22.06.2020 and on the same date, the impugned order has been recalled by the State Government and the writ petition became infructuous. 4. In fact, earlier an order passed under Section 58 of the UP State Universities Act, 1973 (for short "the Act") on 10.07.2013 by the State Government, was challenged in Writ Petition (S/B) No. 232 of 2013 (earlier writ petition). The earlier writ petition was allowed on 22.08.2019 and order dated 10.07.2013 was quashed. In fact, earlier when order dated 10.07.2013 was issued appointing an Authorized Controller, a notice was given to the Society, which was replied. But, the reply was not considered. Only on that ground, the order dated 10.07.2013, appointing an Authorised Controller was quashed. But soon thereafter, the impugned order was passed on 28.01.2020. The Court wanted to know as to whether while process for appointing an Authorised Controller, the order dated 22.08.2019, passed in the earlier writ petition was not considered? For this purpose note sheet from the State Government was called for. Surprisingly, there is no mention of Writ Petition (S/B) No. 232 of 2013 which was allowed on 22.08.2019, in the note sheet of the instant case pursuant to which, the impugned order was passed. 5. The Court does not want to proceed further with the matter. The matter stands closed. 6. All the pending applications stand disposed of accordingly.