Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 254 of 2021
Appellant :- Committee Of Management Champa Agrawal Inter College And Another
Respondent :- State Of U.P. And 5 Others
Counsel for Appellant :- Punit Khare,Pankaj Kumar Govil
Counsel for Respondent :- C.S.C.,Arvind Kumar Tiwari
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Ajai Tyagi,J.
Civil Misc. Exemption Application No. 1 of 2021 The application seeking exemption from filing certified copy of the order of the High Court is allowed.
The defect stands cured.
Memo of Appeal Heard Mr. Gajendra Pratap Singh, learned Senior Advocate, assisted by Mr. Punit Khare, Advocate and Mr. Pankaj Kumar Govil, Advocate, for the appellants and Dr. Shashank Pandit, Advocate along with Sri Arvind Kumar Tiwari, Advocate, for the respondent no. 6.
By this appeal, a challenge is made to the interim order dated 8th December, 2020. The writ petition is pending before the learned Single Judge thus, the decision on merits is yet to be made. After passing the order under challenge on 8th December, 2020, the matter was fixed on 10th February, 2021. It is stated that matter could not be heard on the aforesaid date. It may be in absence of the counter affidavit by the respondents.
Looking to the fact that the writ petition is yet to be heard and decided by the learned Single Judge, in our opinion, better course would be to direct the respondents herein to file counter affidavit to the writ petition within a week and thereupon two weeks are given to the petitioners-appellants to file rejoinder affidavit, if any. The writ petition is ordered to be listed before the learned Single Judge thereupon on 27th August, 2021 in first ten cases so that matter is heard and disposed of. In case adjournment is asked by the respondents, the petitioners- appellants would be at liberty to press for modification of the order dated 8th December, 2020.
With the aforesaid, appeal is disposed.
Order Date :- 27.7.2021 VMA
(Ajai Tyagi, J.) (Munishwar Nath Bhandari, A.C.J.)