(Civil Misc. Stay Application No. 1 of 2019) The applicant/ petitioner has challenged the orders of authorities sitting in revision exercising power under Section 17 of the Mandi Parishad Adhiniyam, 1964, whereby, the order cancelling the allotment of the platform of the petitioner in the Mandi Parishad compound dated 30.11.2019 has been confirmed.
The petitioner has prayed for interim relief during the pendency of present petition.
We do not find any pleading coming up in the writ petition that cancellation of allotment order passed on 14.02.2019 was stayed during the pendency of revision petition and on a pointed query made to the learned counsel for the petitioner, he could not show that there was any interim protection granted during the pendency of revision.
In our considered opinion, ones the allotment has come to be cancelled on merits and revision against the said cancellation order has been dismissed on merits staying the order of cancellation of allotment would amount to restoring the license allotment of petitioner and thereby virtually granting final relief by way of interim relief, which, as per settled principles of law, cannot be granted.
Interim application for stay, therefore, is rejected.
Order Date :- 19.12.2019 IrfanUddin (Ajit Kumar,J.) (Ramesh Sinha,J.) .
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Respondents are granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed without two weeks thereafter.
List after expiry of aforesaid period.
Order Date :- 19.12.2019 IrfanUddin (Ajit Kumar,J.) (Ramesh Sinha,J.)