Consequential Order alone is challenged - writ not maintainable

1.      In Paritosh Singh & Ors v. State of UP & Ors, reported in 2011 (29) LCD 610, this Hon'ble Court has been pleased to hold that

 

"35. .. In the present case, the consequential order alone has been challenged and the original decision of the State Government dated 27.8.2007 has not been challenged. In the case of Government of Maharashtra v. Deokar's Distillery reported in (2003) 5 SCC 669 the Hon'ble Supreme Court  has held that when Writ Petition are filed challenging only consequential orders without challenging the original orders by which the cause of action arose, such Writ Petition deserve to be dismissed as not maintainable."

 

2.      The above stated principle has also been reiterated by this Hon'ble Court in  Writ A No. 51649 of 2011 (C/M Seth Basudeo Sahai Inter College, Kannauj v. State of UP) wherein it has been held by an order dated 14.9.2011 that:

 

"In  Maharastra v. Deokar's Distillery, reported in (2003) SCC 669, Barkat Ali v. Badri Narain, reported in AIR 2008 SC 1272 and P. Chithranja Menon v. A.Balakrishnan, reported in AIR 1977 SC 1720 has held that if the basic order is not under challenge, consequential order cannot be subjected to challenge.""