Hon'ble Jaspreet Singh,J.
Heard Sri Amit Jaiswal, learned counsel for the appellant, Sri Vijay Dixit, learned counsel for respondent no. 1. Sri Gopal Kumar Srivastava, learned counsel for the respondent nos. 2 to 6.
This special appeal has been ordered against the interim order dated 07.01.2016 whereby the preliminary objection raised by the opposite parties regarding the maintainability of the writ petition has been rejected.
The writ court while issuing the notice on merits to the opposite parties also granted interim stay and observed that what has been stated in the interim order has only for the purposes of maintainability of the writ petition and interim relief and they shall not be treated as conclusive on the issues involved which shall be open for consideration after exchange of affidavits.
It has been pointed out that the final order has been passed in the writ petition and this special appeal has been rendered infructuous.
Learned counsel for the appellant has drawn our attention to the paragraph 57 of the final order which has been passed by the Writ Court during pendency of this special appeal and it is submitted that the learned Writ Court while deciding the matter on merits has not taken into consideration the provisions and regulations arrived at and in the order dated 07.01.2016 which is impugned in the special appeal and, therefore, if this appeal is dismissed as infructuous then the order dated 07.01.2016 will come in the way while assailing the final order.
Per contra, Sri Vijay Dixit has submitted that once the final order has been passed, the appellant has a liberty to challenge all the issues regarding the maintainability of the writ petition and the reasoning assigned by the learned Writ Court while passing the impugned order while challenging the final order passed by the learned Writ Court.
In view of the aforesaid, no fruitful purpose will be served in keeping this special appeal pending and, therefore, we dispose of the present appeal as rendered infructuous with the aforesaid liberty to the appellant to raise all issues while challenging the final order.
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[Jaspreet Singh, J.] [Pankaj Kumar Jaiswal, J.] Order Date :- 27.8.2019 Asheesh