Smt.Neelam Sharma v. State of U.P. and 5 Others

Court No. - 10 Case :- WRIT - A No. - 17680 of 2023 Petitioner :- Smt.Neelam Sharma Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Santosh Mani Shukla Counsel for Respondent :- C.S.C.,Mayank Malviya,Omkar Dutt Malviya,Shri Ram Pandey,Shyam Mani Shukla Hon'ble Kshitij Shailendra,J.

¶1This matter has been nominated to this Bench under the order passed by Hon'ble the Chief Justice dated 02.11.2023.

¶2Heard Shri Santosh Mani Shukla, learned counsel for the petitioner, learned Standing Counsel for the State-respondent No. 1 and Shri Lok Nath Shukla, learned counsel holding brief of Shri Omkar Dutt Malviya, learned counsel for the respondent Nos. 4 and 5.

¶3Shri Shyam Mani Shukla, learned counsel has accepted notice on behalf of respondent Nos. 2 and 3.

¶4This writ petition has been filed challenging the report dated

11.08.2023, whereby the Secretary/Manager of the Municipal Corporation, Agra has requested the Additional Municipal Commissioner of the Corporation to dispose of the complaint of the petitioner.

¶5Learned counsel for the petitioner submits that the report is erroneous, inasmuch as, it refers to old Rules, whereas the case of the petitioner is covered by amended Rules.

¶6Be that as it may, no writ of certiorari can be issued to quash a report as the report is neither judicial or quasi-judicial nor an Administrative order. Admittedly, the order is yet to be passed by the Additional Municipal Commissioner.

¶7While declining to quash the report dated 11.08.2023, the writ petition stands disposed of in the following terms:

(i) The petitioner shall file a certified copy of this order before the respondent No. 3, Additional Municipal Commissioner, Municipal Corporation, Agra in the month of December, 2023 along with representation assailing the contents of the report dated

11.08.2023.

(ii) The Additional Municipal Commissioner, Municipal Corporation, Agra shall decide the matter, strictly in accordance with law, after providing opportunity of hearing to the petitioner, particularly after examining the applicability of relevant Rules.

(iii) Such a decision shall be taken on or before 15.02.2024 by the Additional Municipal Commissioner, Municipal Corporation, Agra. Order Date :- 5.12.2023 Sazia High Court of Judicature at Allahabad