...that behalf, and the institution, at the relevant time, being not in receipt of any grants-in-aid; whether the writ petition under Article 226 of the Constitution is not maintainable? In view of the...denied the same benefit which is available to others. Accordingly, we hold that the writ petition is maintainable. They are entitled to equal pay so as to be on a par with government employees under...wages to the post of Lab Assistants as non-teaching staff of the respondent-private college. They were being paid daily wages. A writ petition and appeal seeking equal pay having been dismissed, they...

...undesirable that appointments should be invalidated in this manner after a lapse of several years.5. The High Court has dealt with the question whether a writ petition can be maintained against a cooperati...Cooperative Societies Act. The writ petition was in that view maintainable.6. We would like to observe that the judgment of the High Court should not be treated as an authority for the proposition...President is the second appellant in this appeal. Respondent 1, Narayan Rath, has filed the writ petition in the High Court asking that the aforesaid orders removing him from service should be set aside...

...petition admitting the liability to pay the amount to the bank. But, the Society contended that no writ petition is maintainable against a cooperative society. The Society also contended that the ...have heard the learned counsel for the appellants and also the respondents/ writ petitioners.9. Learned counsel for the appellants contended that no writ petition is maintainable against...parties, we are of the view that it is really not necessary to decide whether a writ petition is maintainable or not against a co-operative society. A Full Bench of this court has held in John v...

...the matter had come up for admission, we had asked the learned counsel as to how the writ petition is maintainable in the circumstances. The learned counsel sought for and the matter was adjourned...the maintainability of the application and to hear it as a preliminary point. That petition came to be dismissed by the trial court on 7-10-1995. Against the said order, the appellant filed writ...revision would be maintainable and whether the order could be revised or not is a matter to be considered by the High Court on merits. But instead of availing of that remedy, the appellant has invoked...

...Department, to file a suit for recovery of losses caused by the petitioner to the department. On a query being made to learned counsel for petitioner as to how the present writ petition is maintainable, l...law and the same has been passed without affording any opportunity of hearing to the petitioner, therefore, the instant writ petition is maintainable. Sri Badrul Hasan, learned Additional...Chief Standing Counsel, while opposing the writ petition submitted that the petitioner will get ample opportunity to contest the suit by raising all pleas as have been raised by him in the instant writ petition,...

...petition has been filed challenging a show cause notice. Put up this case on 06th July, 2023, as fresh, enabling learned counsel for the petitioner to address the Court as to how the writ petition ...the show cause notice." Learned Standing Counsel submits that the writ petition is not maintainable against the show cause notice...writ petition is maintainable against the show cause notice, Mr. Santosh Kumar Yadav, learned counsel for the petitioner requests to adjourn the matter. The matter cannot be adjourned as delay tactics is...

...deposit is without authority of law and without any binding contract between the parties and also contrary to Section 5 of the Contract Act; and (b) whether the writ petition is maintainable in a...offer.12. In this view of the matter, the impugned judgment is set aside. The appeal is accordingly allowed. The writ petition of the respondents shall stand dismissed. There will be....6. The respondent then filed a writ petition in the High Court for refund of the amount. On the pleadings before it, the High Court raised two questions viz.: (a) whether the forfeiture of security...

...the High Court is not correct in law in giving direction not to declare the result of the election or to conduct fresh poll for 20 persons, though the writ petition is maintainable. The High Court...had filed the writ petition in January 1995 much earlier than the election process notified questioning deletion of their names from the draft electoral rolls. It is found as a fact that though their...justified in giving direction in the writ petition. It is also contended that the High Court, pending the writ petition, gave the direction and it being discretionary, this Court would be slow to interfere...

...petitioner as to how Writ Petition is maintainable, it is submitted that very seizure by Respondent No.3 is without jurisdiction, as such, Writ Petition is ... WRIT PETITION No. 28315 OF 2021 O R D E R: This Writ Petition is filed aggrieved by the action of Respondent No.3 - Station House Officer, .... With this observation, Writ Petition is disposed of. Petitioner is given liberty to approach XI Additional Chief Metropolitan Magistrate, Secunderabad or file an Application before the...

...respondent Nos.1 to 4, Sri.Vijay Kumar A. Patil, learned Additional Government Advocate, submits that the very prayer sought in the present writ petition is not maintainable. He would further contend...adjudication. If the petitioner is aggrieved, he has to challenge the charge-sheet. Therefore, the prayer sought for in the writ petition is not maintainable. 3...sought for in the present writ petition is maintainable under Articles 226 & 227 of the Constitution of India. Petitioner has not made out any ground to interfere at this stage. Accordingly, writ...

...Notes (Cessation of Liabilities) Act, 2017. The Registry raised a query as to how this writ petition is maintainable before this Court, since the subject matter relates to demonetisation issue...grounds on the merits of the matter, I do not think that the present writ petition is maintainable before this Court in view of the order passed by the Hon'ble Supreme Court in...consideration of the Apex Court in the above said proceedings. Therefore, this writ petition is dismissed as not maintainable before this court even at SR stage. However, it is open to the petitioner...

...writ petition is in the nature of an injunction sought against the employer. Under the said circumstances, it is for the petitioner to approach the alternative, efficacious : 3 : remedy available and accordingly di...and Secretary of a Private Educational Institution, primarily no writ petition is maintainable. Apart from this, alternative remedy is available under the Karnataka Education Act, 1983...This intra court appeal is filed by the petitioner challenging the order of the learned Single Judge in Writ Petition No.107413/2017, whereby the writ petition has been dismissed with...

...) Om Prakash Srivastava v. Union of India. He contended that in view of the aforesaid judgment writ petition is maintainable as all the incident occur...Pradesh. Learned counsel for the petitioners contended that he has not made any prayer for quashing of the FIR and therefore, the writ petition is maintainable. He further contended that he has prayed...for transfer of investigation to District Meerut which is within the territorial jurisdiction of this Court therefore also the writ petition is maintainable.5. Learned AGA on the other...

.... Sr. Adv., Mr. Farhan Ghaffar … for the appellant. Mr. Aryak Dutt … for the Union of India. After hearing the learned Advocates for the parties, we are prima facie of the view that the writ petition is ...and exchanged between the parties and the matter was ripe of hearing. Therefore, this appeal is admitted. Mr. Farhan Ghaffar, learned counsel appearing for the appellant is given...

...R.K Agrawal and Mrs. Jayashree Tiwari, JJ.:— Present special appeal has been filed against the order dated 7th May, 2003 passed by the learned Single Judge whereby the writ petition has been dismissed as not ...the writ petition is maintainable as the correctness or otherwise of the action of the authorities on whom a duty is cast to act fairly under the Governmment Order for making appointment of Shiksha...hold civil post the writ petition is maintainable.4. We, accordingly, set aside the impugned order dated 7th May, 2003 and remit the matter back to the learned Single Judge for...

...the Committee and it came to be rejected as per Ext.P7, which in turn is under challenge.2. The writ petition has been filed raising many a ground as to the correctness of the actual facts and figures. But th...of the Constitution of India.In the said circumstance, this Court finds that this writ petition is not maintainable. Interference is declined and the writ petition...JUDGMENTThe petitioner is challenging the disciplinary proceedings finalised as per Ext.P7, whereby the service of the petitioner was terminated. According to the petitioner...

...impugned judgment and order dated 6-6-2003, dismissed the said writ petition holding that the writ petition was not maintainable. The appellant is, thus, before us.4....by the High Court to discharge the functions of the Society, therefore, he should be regarded as a public authority and hence, the writ petition is maintainable.”The...(1977) 3 SCC 576 this Court was of the opinion that:“5. The High Court has dealt with the question whether a writ petition can be maint...

...and Mr. Pankaj Kumar Gupta, learned counsel for respondent no. 4 raise a preliminary objection regarding maintainability of the writ petition and submits that the petitioner has no locus standi to maintain this writ ..., learned counsel for the petitioner submits that after death of original allottee a resolution was passed in his favour but the authorities have not acted upon it, therefore, the writ petition is maintainable. ...hearing learned counsel for the parties, this Court finds that the present writ petition is not maintainable as the petitioner has neither allotted the fair price shop nor any...

...neither a State nor instrumentality of State with in the definition of Article 12 of the Constitution and, therefore, no writ petition is maintainable. A perusal of the writ...raised by respondents 3 & 4 in the counter affidavit, therefore, is well founded.Learned counsel for the petitioner has relied upon a judgment in Civil Writ Petition No. 112 of 1993—Mrs. Kanak Rast...and that judgment is not applicable in the present case. In these circumstances, in our view, this writ petition is not maintainable.Learned counsel for the petitioner states that the...

...issued by the 2ndrespondent, the petitioners have come up with this writ petition. However, the Registry had returned the petition raising a question as to how writ petition is ...:- "As to how this writ petition is maintainable against the private concern under Article 226 of the Constitution of India and may be filed before the...appropriate forum." 4. Admittedly, the writ petition is not maintainable as against a private firm so long as a public element is available. Hence, the writ ...