Vikas Agarwal and anr. Vs. State of U.P. and ors. - Court Judgment |
| Civil |
| Supreme Court of India |
| Feb-23-2005 |
| Civil Appeal No. 6528 of 2004 |
| B.P. Singh and; Arun Kumar, JJ. |
| (2005)3SCC38 |
| Vikas Agarwal and anr. |
| State of U.P. and ors. |
| A.M. Singhvi, Sr. Adv. (NP),; Sunil Kumar Jain, Adv. (NP),; S |
| P.P. Khurana, Sr. Adv., ; Kiran Bhardwaj, ; S.N. Terdal |
| From the Judgment and Order dated 27.2.2004 of the Allahabad High Court in W.P. No. 846 (MB) of 2004 |
civil - grant of mining permits under relevant rules - refusal by high court to grant interim relief - however direction given for early hearing of writ petition - since writ petition being about to be heard, direction given for non creation of any third party interest, if not already created - b.p. singh, j.1. in this appeal by special leave the order of the high court of judicature at allahabad, lucknow bench, lucknow dated 27th february, 2004 passed in writ petition no. 846 (m.s.) of 2004 has been impugned. by the aforesaid order the high court refused to grant interim relief but directed early hearing of the writ petition. we are informed by counsel appearing on behalf of the appellants that the appeal is likely to be heard next week and is expected to be disposed of within reasonable time. in this view of the matter, we consider it unnecessary to keep this appeal pending before this court. since the writ petition is about to be heard, we direct that no third party interest shall be created, if not already created. in case there is inordinate delay in disposal of the writ petition, it will be open to the respondents to seek such directions from the high court as they may be advised, including permission to grant mining permits under the relevant rules.2. this appeal is disposed of.
B.P. Singh, J.
1. In this Appeal by Special Leave the order of the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow dated 27th February, 2004 passed in Writ Petition No. 846 (M.S.) of 2004 has been impugned. By the aforesaid order the High Court refused to grant interim relief but directed early hearing of the Writ Petition. We are informed by Counsel appearing on behalf of the appellants that the Appeal is likely to be heard next week and is expected to be disposed of within reasonable time. In this view of the matter, we consider it unnecessary to keep this Appeal pending before this Court. Since the Writ Petition is about to be heard, we direct that no third party interest shall be created, if not already created. In case there is inordinate delay in disposal of the Writ Petition, it will be open to the respondents to seek such directions from the High Court as they may be advised, including permission to grant mining permits under the relevant rules.
2. This appeal is disposed of.