- (1.) Heard learned Counsel for the parties and perused the record.
(2.) This special appeal has been filed against the judgment and order dated 19.04.2006 passed in C.M. Writ Petition No. 20751 of 2006: Vishwa Bandhu Gupta v/s. State of U.P. and Ors. by which the Hon'ble Single Judge has declined to interfere with the matter holding that in view of the Apex Court decision dated 9.5.2001 writ court is not a proper forum for redressal of grievance of the Petitioner. It appears that the Petitioner has claimed reservation in the selection held in the year 1990. Aggrieved by the said order, the Petitioner has filed C.M. Writ Petition No. 4578 of 1991: Desh Bandhu Gupta and Anr. v/s. State of U.P. and Ors.. The said writ petition was disposed of on 17.2.1997 with the observation that in case the Respondents intend to fill up any vacancy in future, the Petitioner shall apply for the same and the Respondents were directed to consider the candidature of the Petitioners under the reserved quota, if they were otherwise eligible. It appears that the Petitioner, thereafter filed a contempt petition which was dismissed by this Court. It is thereafter, the Petitioner has filed another writ petition No. 49869 of 2000: Vishwa Bandhu Gupta v/s. State of U.P. and Ors.. This writ petition was dismissed on 15.11.2000 holding that for the same cause of action second writ petition is not maintainable. Challenging the said order, the Petitioner filed Special Appeal No. 814 of 2000: Vishwa Bandhu Gupta v/s. State of U.P. and Ors. which was dismissed on 3.1.2001 by a Division Bench of this Court holding that there is no illegality in the order passed by Hon'ble Single Judge in dismissing the writ petition as not maintainable.
(3.) Aggrieved by the order of this Court in the special appeal, the Petitioner has filed Special Leave to Appeal (Civil) No. 7489 of 2001. This appeal was withdrawn by the Petitioner by following orders: Learned Counsel for the Petitioner seeks leave to withdraw this petition and states that the Petitioner would approach the appropriate forum for a direction that the order passed in earlier petition is complied with. Permission granted. The special leave petition stands disposed of as withdrawn;