KALYAN SANSTHAN Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal has been filed against the judgment and order dated 5th April 2011 passed by the learned single Judge whereby the writ petition preferred by the Appellant challenging the Government Order dated 28.10.2010 has been dismissed by following the judgment and order dated 14.9.2010 passed by this Court in Civil Misc. Writ Petition No. 25016 of 2010 -Jagannath Prasad Gaur v. State of U.P. and Ors..

(2.) We have heard Sri Hari Om Khare, Learned Counsel for the Appellant and Sri M.C. Chaturvedi, the learned chief standing counsel, who represents the Respondents and have perused the impugned judgment and order dated 5.4.2011 passed by the learned single Judge giving rise to the present appeal, the grounds taken in the memo of appeal and the documents filed alongwith it.

(3.) Sri Hari Om Khare, Learned Counsel submitted that in the writ petition of Jagannath Prasad Gaur, Government Orders dated 19.2.2010, 21.4.2010 and 26.4.2010 was under challenge whereas in the writ petition preferred by the Appellant, the Government Order dated 28.10.2009 was under challenge which was not the subject matter of challenge in the earlier writ petition and, therefore, the learned single Judge was not justified in dismissing the writ petition by holding that the issue raised herein is covered by the decision in the case of Jagannath Prasad Gaur wherein competence of the Government in issuing the Government Order has been upheld.