SHAMBHU NATH DHURIYA versus STATE OF U.P. & ANOTHER

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Shambhu Nath Dhuriya v. State Of U.P. & Another - WRIT - C No. 14941 of 2007 [2007] RD-AH 4918 (20 March 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner.

By this writ petition  the petitioner has prayed for quashing the order dated  13.2.2007 passed by the Commissioner by which the appeal has been admitted and has been fixed for hearing on 20.3.2007.  By the said order  the Commissioner has also rejected the  stay application. Learned counsel for the petitioner contends that the petitioner has given reply with regard to shortage in the stock ,  which has not been considered.  The impugned order is only interlocutory  order which gives reasons for  refusing to grant interim order.  Mere filing of the appeal, interim relief is not granted as a matter of course.   The Commissioner has given cogent reasons for refusing to grant stay order which does not warrant any interference by this Court. However,  the appeal itself has been fixed for hearing. Ends of justice  be served in observing that the appeal of the petitioner may be heard and disposed of expeditiously preferably within a period of four months from the date of production of a certified copy of this order.

D/-20.3.2007

SCS/14941

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