Chief Justice's Court Case :- SPECIAL APPEAL No. - 15 of 2010 Petitioner :- C/M Siddique National Inter College, Pitibhit And Another Respondent :- State Of U.P. Through Secretarty Min. Of Edu. And Others Petitioner Counsel :- G.K. Singh,Murtuza Ali,V.K. Singh Respondent Counsel :- C.S.C.,N.L. Pandey Hon'ble Chandramauli Kumar Prasad,Chief Justice Hon'ble Pankaj Mithal,J.
Respondent no.6 – Committee of Management of the College and
its Manager – appellants, aggrieved by order dated 15.12.2009
passed by a learned Single Judge in Civil Misc. Writ Petition No.
67666 of 2009, have preferred this appeal under Rule 5 Chapter
VIII of the Allahabad High Court Rules, 1952.
The order impugned is interim in nature.
No reason at all has been assigned in the said order.
While passing the interim order, two weeks’ time was granted to
respondent no.6, appellant no.1 herein, to file counter affidavit and
one week’s time was granted to the writ petitioner, respondent no.6
herein, to file rejoinder affidavit.
Mr. G.K. Singh, appearing on behalf of the appellants, submits that
the impugned order, being bereft of any reason, is fit to be set
aside on this ground alone.
Mr. Radhakant Ojha, appearing on behalf of the writ petitioner –
respondent no.6, submits that in the facts of the present case, the
writ petitioner – respondent no.6 was entitled for grant of interim
relief and the learned Judge has rightly granted that relief.
We had the occasion to consider this question in Special Appeal
No. 1967 of 2009 (Committee of Management, Rashtreey
Uchhatar Madhyamik Vidyalay, Rudauli, Auraiya & Anr. Vs. Sri
Ram Babu Dwivedi & Ors.) and by order dated 21.12.2009, we
have held that an interim order without reason cannot be allowed
to stand.
Hence, we are constrained to set aside the impugned order on this
ground alone and it is set aside accordingly.
As the order impugned has been set aside only on the aforesaid
ground, we direct that the writ petition be listed for consideration
before the learned Single Judge, in jurisdiction, on 18.01.2010, on
which date the prayer for interim relief shall be considered in the
light of the observations made in the aforesaid order.
Failure on part of the appellants herein to file counter affidavit in
the writ petition, as directed in the impugned order, shall not stand
in the way of the learned Single Judge, in jurisdiction, in
proceeding to decide the case.
In the result, the appeal is allowed and the impugned order of the
learned Single Judge is set aside with the observation aforesaid.
(C.K. Prasad, C.J.)
(Pankaj Mithal, J.)
Order Date :- 12.1.2010
AHA