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Samundra v. State Of U.P. Thru' Secretary(Food & Civil Supplies) & Ors. - SPECIAL APPEAL DEFECTIVE No. 292 of 2007 [2007] RD-AH 6022 (3 April 2007)


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CJ's Court

Special Appeal No.292 (D) of 2007



State of U.P. & Others

Counsel for the appellant: Mr. Ashish Srivastava, Adv.

Mr. Sunil, Adv.

Counsel for the respondents: Standing Counsel

Mr. A.K. Maurya, Adv.


Hon'ble H.L. Gokhale, CJ.

Hon'ble Ashok Bhushan, J.

1. Heard learned counsel for the appellant and the learned counsel for the respondents.

2. The appellant is aggrieved by the order passed by the learned Single Judge dated 21.9.2006, whereby the learned Single Judge has granted an interim stay on the petition filed by respondent no.4.

3. The respondent no.4 is a claimant for a fair price ration shop and the order of the subordinate authority was against him, which has been stayed by the learned Single Judge. The appellant is another claimant. The appellant has many things to say about the conduct of respondent no.4, whereas respondent no.4 contends that this appeal is not maintainable at all.

4. What is further material to note is that the appellant has filed an application for joining into the writ petition filed by respondent no.4. Learned counsel for respondent no.4 states that he has no objection to the application being heard and decided early.

5. In view of the statement made by the learned counsel for respondent no.4, the learned counsel for the appellant does not want to press this appeal any further. He only makes a request that the learned Single Judge may be requested to hear and decide his application at the earliest. Learned counsel for the respondent points out that the matter is posted before the learned Single Judge regularly.

6. This being the position, we request the learned Single Judge to hear and decide the application for impleadment at the earliest, preferably within four weeks from today.

7. In view of this order, the appeal is not being pressed and the same stands disposed of.


RKK/- (Chief Justice)

(Ashok Bhushan, J.)


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