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Basant Kumar v. C/M Sri Kisan Inter College Dhiramai, Etah And Others - SPECIAL APPEAL No. 1074 of 2006  RD-AH 16856 (26 September 2006)
Hon'ble S. Rafat Alam, J
Hon'ble Sudhir Agarwal, J.
Heard Sri Gulab Chandra, learned counsel for the appellant, Sri Vinod Sinha, learned counsel for respondent Nos. 1, 3 to 5 and the learned Standing counsel appearing for respondent No. 2
The order under appeal is not a judgment. Special appeal does not lie against interim orders. However, learned counsel for the appellant submits that by the aforesaid interim order, the writ petition has been virtually allowed. We do not find any substance in the aforesaid submission, for the reason that the Hon'ble Single Judge has issued notice to the opposite parties in the writ petition and granted time to the learned Standing Counsel to file counter-affidavit and till further orders operation of the order impugned in the writ petition dated 24.8.2006 passed by respondent No. 3 has been stayed.
Learned counsel for the appellant has not filed any counter affidavit, nor any stay vacation application has been filed, instead he has preferred this Special appeal. Learned counsel for the appellant, at this stage submits that he shall file counter-affidavit to the petition alongwith stay vacation application, within two weeks. Sri Vinod Sinha, learned counsel for the respondent-petitioners shall file rejoinder affidavit within one week thereafter.
We, therefore, dispose of this appeal with observations that the stay vacation application of the appellant shall be disposed by the Hon'ble Single Judge when the matter is listed after expiry of the aforesaid period, subject to other business of that Court.
With these observations, the appeal is finally disposed of.
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