Court No. - 21 Case :- WRIT - C No. - 33889 of 2010 Petitioner :- Ram Pal Respondent :- State Of U.P. & Others Petitioner Counsel :- Rupesh Srivastava Respondent Counsel :- C.S.C. Hon'ble V.K. Shukla,J.
Matter has been taken up, and request has been made for extension
of interim order. A perusal of the record, reflects that on earlier
occasion at the point of time when the appeal in question had been
filed stay application moved on behalf of the petitioner had been
rejected, at the said juncture Civil misc. Writ Petition 39570 of
2007 has been filed and no interference was made and only
direction which was accorded to the petitioner was that till then no
third party right shall be created. Thereafter appeal in question has
been dismissed. This Court on 8.6.2010 has stayed the order dated
2.6.2007 and 12.5.2010 without assigning any reason, in total
ignorance of order dated 23.8.2007 passed by this Court.There is
no occasion for the Court to stay both the orders, specifically on
stay being refused by Appellate Forum, earlier was that no third
party right would be created during pendency of appeal. After
dismissal of appeal, petitioners position can not be further
improved, by providing blanket order of stay, thus giving virtually
final relief by way of interim order, without assigning any reason.
The stay order passed earlier is not extended and it is provided that
any third party rights created during writ petition shall abide by
outcome of writ petition.
List after eight weeks, by that time pleadings be exchanged.
Order Date :- 27.7.2010
SR
