VISHNU KUMAR SIKARAVAR vs. ANIL KUMAR GARG .

Case Type: Civil Appeal

Date of Judgment: 22-08-2016

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Full Judgment Text

1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA
VISHNU KUMAR SIKARAVAR Appellant(s) Versus ANIL KUMAR GARG AND OTHERS Respondent(s) J U D G M E N T KURIAN, J. 1. We have heard learned counsel for the parties. JUDGMENT 2. Leave granted. th 3. On 12 July, 2016, this Court passed the following order :- “Permission to file special leave petition is granted. Delay condoned. Issue notice, returnable after three weeks. Mr. Arjun Garg, learned counsel, accepts notice on behalf of respondent No.1. Page 1 2
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Therefore, pending the special leave petition, we direct the State of Uttar Pradesh to issue a fresh show cause notice and afford an opportunity for hearing as to why the first respondent should not be restrained from exercising the financial and administrative powers on account of the reasons stated in the show cause notice and pass fresh orders. The whole exercise shall be completed in one month from today. The petitioner is directed to communicate a copy of this order to the competent authority, who has issued the notice which has been impugned in the writ petition. JUDGMENT It is also made clear that any steps taken by the first respondent pursuant to the permission now granted by the State of Uttar Pradesh will be subject to the result of the special leave petition and the orders to be passed by the State, as above. Post after one month.” 4. Mr. K.V. Vishwanathan, learned senior counsel appearing on behalf of Respondent No.1 submits that pursuant to the above order, the respondent has been issued notice and reply has also been filed before the Page 2 3 competent authority. 5. In the above circumstances, there is no point in keeping this matter pending. We, accordingly, dispose
a direction to
affording an opportunity of hearing to the appellant and Respondent NO.1. The same shall be done within a period of three weeks from today. 6. In that view of the matter, all contentions available to the parties are kept open. 7. Copy of the order passed by the competent authority shall be filed before this Court for perusal, within four weeks. 8. Pending applications, if any, stand disposed of. JUDGMENT ........................J. (KURIAN JOSEPH) ........................J. (ROHINTON FALI NARIMAN) New Delhi, August 22, 2016 Page 3