G.S.N.Tripathi - (1.) IN Civil Misc. Writ Petition No. 17627 of 1995, this Court passed the following order on 22.9.95 : "Issue notice. Meanwhile the operation of the impugned order dated 23.6.95 shall remain stayed and further, respondents are restrained from interfering in the functioning of the petitioner as Manager of the INstitution."
(2.) THE Society Sri Amar Sanskrit Vidyalaya, Khajuri and others through its Sanrakshak Sri Shiv Nand Chaturvedi, as petitioner No. 1 and Sri Shiva Nand Chaturvedi as petitioner No. 2 filed the Writ Petition No. 17627 of 1995 seeking the following reliefs :- "Issue a writ, order or direction, including a writ in the nature of certiorari quashing the impugned order dated 23.6.95 passed by District Inspector of Schools, Ballia (Annexure No. 9 to this writ petition). B. Issued a writ, order or direction including a writ in the nature of mandamus directing the respondents to attest the signature of petitioner No. 2 as Manager of both Institutions, namely Shri Amar Sanskrit Vidyalaya, Khejuri, Ballia and Sri Amar Nath Uchchatar Madhyamik Vidyalaya, Khejuri, Ballia. C. Issue a writ, order or direction, including a writ in the nature of mandamus directing the respondent not to interfere in peaceful functioning of the petitioner as Manager of both Institutions. That writ petition was based on the allegation that Sri Shiva Nand Chaturvedi/petitioner No. 2 was validly acting as Sanrakshak/Manager of the Society of Sri Amar Sanskrit Vidyalaya, Khejuri, Ballia. On 23.6.93, the petitioner sent a registered letter to the District Inspector of Schools, Ballia, respondent No. 1, informing that since 22.6.93 the petitioner No. 1 has taken over the management of the Institution, which was governed by the society Rules. In this letter, it was also requested that the petitioner No. 2 be permitted to manage both the Institutions till the Committee of Management is properly elected. On 8.7.93, another letter by registered post was sent to the respondent No. 1 reminding him that no action had been taken by him on the earlier letters sent by the petitioner. The respondent No. 1 was further requested to attest the signature of the petitioner No. 2. He was also requested in that notice not to pass the salary bills sent by any other person posing himself to be Manager. But for oblique reasons, the respondent No. 1 did not take any action thereon. Then the petitioner filed a Writ Petition No. 28366 of 1993, in which, on 18.1.94 an interim order was passed by the High Court directing respondent No. 1 to attest the signature of the petitioner No. 2 and permit him to work as a Manager. The High Court's order dated 18.1.94 was also sent along with that letter. Still the respondent No. 1 did not take any action. Then the contempt petition No. 355 of 1995 was moved against the then District Inspector of Schools (DIOS) Smt. Madhuri Srivastava. She had been called upon by the court to file counter-affidavit. Despite that, respondent No. 1 passed an order dated 23.6.95 directing the respondent No. 2 to operate the account of the Institution singly known as 'Single Operation' for operating the account of the Institution. That order is illegal. Then the Writ Petition No. 17627 of 1995 was filed in this court on 3.7.95 and the interim order referred to above was passed, (para 1 supra, of this judgment).
(3.) NOTICE was also ordered to be issued after admitting the petition. The respondent No. 1 did not comply with the order aforesaid, may she did not file any counter-affidavit in the main petition.;