Citation : 2022 Latest Caselaw 959 Tel
Judgement Date : 2 March, 2022
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT APPEAL No.75 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of interlocutory
order dated 23.01.2020 passed in I.A.No.1 of 2018 in
W.P.M.P.No.53471 of 2017 in W.P.No.43116 of 2017 and the
same reads as under:
"Counter affidavit along with the vacate stay petition is
filed on 30.01.2018, however, the learned counsel for the
petitioner seeks time to file reply. Prima facie, the names of the
petitioners are not reflected in revenue records from the year
1977-78 onwards and same is recorded as 'Kancha Sarkari'.
Learned Government Pleader for revenue submits that
on one hand petitioners are pressing for contempt case and on
the other hand, they are seeking adjournment in the vacate stay
petition.
The request of the learned counsel for the petitioners
seeking adjournment for filing reply in the vacate stay petition,
is refused, as vacate stay petition is filed on 30.01.2018.
ln view of above facts and circumstances, the interim
order granted is vacated."
The order reveals that the vacate stay application was
filed on 30.01.2018 and no reply was filed in the matter and the
learned counsel was seeking time in the matter. Leaned Single
Judge, after assigning the reason, has vacated the interim
order.
2
This Court does not find any reason to interfere with the
order passed by the leaned Single Judge. Accordingly, the writ
appeal stands dismissed. However, the leaned Single Judge is
requested to decide the writ petition itself on merits at an early
date.
Office is directed to list W.P.No.43116 of 2017 before the
leaned Single Judge on 07.03.2022.
Miscellaneous applications pending, if any, shall stand
closed. There shall be no order as to costs.
________________________
SATISH CHANDRA SHARMA, CJ
_______________________
ABHINAND KUMAR SHAVILI, J
02.03.2022
ES/SVL
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