Parmal Singh and Ors v. State of U.P. Thru Prin.Secy. Legislative Section 1 Legislative Deptt. Lko and Ors

Court No. - 1 Case :- WRIT - A No. - 12447 of 2024 Petitioner :- Parmal Singh And Ors. Respondent :- State Of U.P. Thru Prin.Secy. Legislative Section 1 Legislative Deptt. Lko And Ors. Counsel for Petitioner :- Nimish Gupta Counsel for Respondent :- C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J.

¶1Heard Shri Nimish Gupta, learned counsel for the petitioner and the learned Additional Chief Standing Counsel representing the State-respondents.

¶2At the outset, the learned Additional Chief Standing Counsel representing the State-respondents has placed a copy of the order dated 29.08.2023 passed by the Hon'ble apex court in Writ Petition (Civil) No.1458/2020 which reads as under: "1. An adjournment letter has been moved by learned counsel for the respondents on account of non-availability of the learned Attorney General, who is engaged before the Constitution Bench.

¶2List on 03rd October, 2023."

¶3It is not in dispute that the subject matter of the present writ petitions and the matter before the Hon'ble apex court fixed on

14.01.2025 is one and the same i.e. the validity of U.P. Act No.1 of 2021 which was previously brought in through an Ordinance giving rise to the writ petition before the apex court under Article 32 of the Constitution of India.

¶4Simultaneous proceedings before this Court and Hon'ble apex court on one and the same subject can not proceed for the reason that the time frame within which the courts of law function is a public property and its use can't be allowed to achieve futile results. We have no manner of doubt that this Court is bound by the decision of Hon'ble the apex court on the same issue.

¶5The question that arises is whether the Court may proceed or discharge the proceedings under some protection to the petitioners. It is to be noted that the consequences which are to fall as a result of pending proceedings before the apex court are clear. The vires of the Act shall either be upheld or turned down. In case the vires of the impugned Act is upheld, all the writ petitions in that event are liable to be dismissed and on the result of proceedings being otherwise, the writ petitioners shall be entitled to the benefit of the judgment accordingly and the State shall obey the verdict in favour of the petitioners to the extent applicable.

¶6Having clarified the position as above, we hereby dispose of the present writ petition accordingly and the protection so granted shall mutatis mutandi apply. We equally leave it open to the parties to avail the opportunity of hearing before the apex court, if so advised. . (Subhash Vidyarthi, J.) (A.R. Masoodi, J.) Order Date :- 19.12.2024 Ram. High Court of Judicature at Allahabad, Lucknow Bench