JAGDAMBA MANI TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Rakesh Bhadur, Advocate in support of Recall Application No. 11400 of 2004 filed on behalf of Sri Mukul Kumar Pandey, respondent No. 6 to the writ petition, Sri A.P. Tiwari, learned Counsel for the petitioner in opposition to the said recall application and learned Standing Counsel for the respondent No. 1 to 3.

(2.) SRI Jagdamba Mani Tripathi claiming himself to be the Manager of the Committee of Management of Lal Bahadur Shashtri Uchchttar Madhyamik Vidyalaya, Rakhukhor, District, Gorakhpur filed present writ petition with the following prayers:

(3.) THE present application has been filed by Sri Mukul Kumar Pandey in his capacity as Manager of the Committee of Management for recall of the aforesaid order mainly on the ground that the petitioner has deliberately suppressed material facts from this Court for the purposes of obtaining the aforesaid order. It is further contended that in garb of the order passed by this Court the petitioner, Jagdamba Mani Tripathi want to reopen a controversy again with regard to the dispute of membership of the general body which constitutes the Committee of Management of the institution, although, (as would be noticed hereunder), the said dispute has been settled after hearing the parties concerned. The petitioner, Jagdamba Mani Tripathi has not been fair to this Court, he has deliberately suppressed various orders passed in writ petitions filed by the parties including special appeal. It is, therefore, submitted that the Court may not come to the rescue of the such petitioner and the order passed in the present writ petition dated 8th December, 2004 be recalled and the present writ petition be dismissed with exceptional costs.