Committee Of Management, Krishak ... vs Committee Of Management, Krishak ...
2021 Latest Caselaw 8171 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 263 of 2021
 

 
Appellant :- Committee Of Management, Krishak Inter College, Mawana Through Its Manager And Another
 
Respondent :- Committee Of Management, Krishak Inter College , Mawana, Through Its Alleged Manager And 5 Others
 
Counsel for Appellant :- Nipun Singh
 
Counsel for Respondent :- C.S.C.,Prabhakar Awasthi
 

 
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
 
Hon'ble Ajai Tyagi,J.

Civil Misc. Exemption Application No. 1 of 2021

Exemption application is allowed.

The appellants are exempted from filing the certified copy of the judgment dated 17.02.2021 passed by learned Single Judge.

Special Appeal

Heard Shri Ashok Khare, Senior Advocate, assisted by Shri Nipun Singh, learned counsel for the appellants, Shri G.K. Singh, Senior Advocate, assisted by Shri Prabhakar Awasthi, learned counsel for respondent nos. 1 and 2 and learned Standing Counsel for the respondents-State.

By this appeal, a challenge is made to the judgment dated 17.02.2021 whereby interim order was passed. The matter is thus pending consideration before learned Single Judge. The challenge to the interim order has been made on the grounds as otherwise would be considered in the writ petition.

The issue on merit needs to be considered first by learned Single Judge and if we make comment on the merit of the issue raised in the writ petition, it would affect the hearing of the writ petition itself. Thus, we do not want to interfere in the matter but for ends of justice, request learned Single Judge to expedite the hearing and accordingly, the appellant herein is directed to file counter affidavit to the writ petition within a period of three weeks and if the non-appellant/petitioner desires to file a rejoinder affidavit, he may within a week thereafter. The hearing of the writ petition would then take place within a month on completion of pleadings. Learned Single Judge is requested to decide the pending writ petition within a period of two months.

Accordingly, at the first instance, Registry is directed to list the pending writ petition before the concerned Bench within a period of 10 days and thereupon, learned Single Judge would regulate hearing of the pending writ petition in the manner expected by this Court.

With the aforesaid, the appeal is disposed of.

Order Date :- 16.7.2021

Shubham

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(Ajai Tyagi, J.) (Munishwar Nath Bhandari, A.C.J.)