ORDER :

1. Though the writ petition, out of which this reference to a Full Bench has arisen, has outlived its purpose and the cause of action therein does not survive, the question referred is one of general public importance and is, in our opinion, still required to be answered.

2. Since no one appeared for the writ petitioner, we requested Mr. Samir Sharma, learned Senior Advocate on January 23, 2023 to assist the Court as Amicus Curiae. Mr. M.C. Chaturvedi, Additional Advocate General appeared on behalf of the State.

3. The Division Bench, in this writ petition, finding itself in disagreement with the principles of law laid down regarding the scope and extent of inquiry to be undertaken under Section 48(2-A) of the Uttar Pradesh Municipalities Act, 1916 in Dr. Shamim Ahmad vs. State of U.P. and Another, 2005 (1) AWC 963, has referred the following question for consideration by a Larger Bench:

“Whether, notwithstanding the words ‘such enquiry as it may consider necessary’ used in section 48(2A) of the U.P. Municipalities Act, 1916, the State Government is obliged to hold a full fledged enquiry in every case where the State Government does not agree with the explanation of the Preside