Chief Justice's Court Case :- SPECIAL APPEAL No. - 18 of 2010 Petitioner :- Vijay Shanker Respondent :- Vashishtha Bind And Others Petitioner Counsel :- Mrs. Swati Agarwal,Ajay Bhanot Respondent Counsel :- C.S.C.,R.C. Singh Hon'ble Chandramauli Kumar Prasad,Chief Justice Hon'ble Arun Tandon,J.
Respondent no.4-appellant, aggrieved by order dated 07.12.2009 passed by a
learned Single Judge in Civil Misc. Writ Petition No.66536 of 2009, has
preferred this special appeal under Rule 5 Chapter VIII of the Allahabad High
Court Rules.
Taking into account the offer made by writ petitioner-respondent no.1, the
learned Single Judge by the interim order impugned in this appeal, directed
that until further orders, no interference shall be made in exercise of his
fisheries right.
Various submissions have been made by Mr. Ajay Bhanot, appearing on
behalf of the appellant challenging the impugned order. He submits that the
settlement has been made without any advertisement. In answer thereto, Mr.
R.C. Singh, appearing on behalf of respondent no.1 submits that the appellant,
being Yadav (Ahir) by caste is not entitled to take settlement. He also submits
that in fact advertisement was made.
Any expression of opinion by us, at this stage, shall prejudice either party.
Hence, we are not inclined to interfere with the interim order impugned in this
appeal.
However, we deem it expedient that the writ petition itself be disposed of
expeditiously. We have been told that the counter affidavit has already been
filed by the appellant. Writ petitioner states that rejoinder affidavit on his
behalf shall be filed within two days.
Let writ petition be listed for consideration before the learned Single Judge in
jurisdiction on 08.02.2010. The learned Single Judge shall consider disposing
of the writ petition expeditiously.
Accordingly, the appeal stands disposed of.
Order Date:1.2.2010
RKK/-
(Arun Tandon, J) (C.K. Prasad, CJ)