Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.3831 OF 2017
[ARISING FROM SPECIAL LEAVE PETITION (C) NO.1773 OF 2017]
UTTAR PRADESH STATE INDUSTRIAL DEVELOPMENT
CORPORATION LIMITED AND ORS. APPELLANT(S)
VERSUS
ARUN KUMAR MISHRA AND ORS. RESPONDENT(S)
WITH
CIVIL APPEAL NO. 3832 OF 2017
[ARISING FROM SPECIAL LEAVE PETITION (C) NO.2941 OF 2017]
&
CIVIL APPEAL NO.3833 OF 2017
[ARISING FROM SPECIAL LEAVE PETITION (C) NO.37981 OF 2016]
J U D G M E N T
KURIAN, J.
Leave granted.
2. The appellants are before us, aggrieved by the
interim order passed by the High Court dated
19.12.2016 passed in Writ Petition No.28986 of 2016.
JUDGMENT
3. As we propose to remit the matter to the writ
court for final disposal, it is not proper or
necessary to discuss the merits of the matter.
Suffice to note that this Court after hearing the
arguments extensively, on 21.02.2017, passed the
following order:-
“It is not in dispute that Mr. A.K.
Mishra, the petitioner in SLP(C) No.37981
of 2016, is in charge only in respect of
nine revenue divisions as of now. As far
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as the remaining nine revenue divisions
are concerned, without prejudice to the
contentions available to either side, for
the time being, the duties assigned to
th
the 8 Respondent may be discharged
either by the Managing Director or by the
Joint Managing Director, until further
orders.
List on 01.03.2017 for further
hearing.”
4. The said order will stand substituted in the
place of interim order passed by the High Court.
5. We request the High Court to dispose of the writ
petition expeditiously and preferably within a period
of three months from the date of receipt of a copy of
this judgment.
6. Needless to say that the High Court will dispose
of the writ petition untrammeled by any of the
observations or findings rendered by the High Court
in the interim order. All contentions of the parties
are left open, including the contention on
maintainability of the writ petition, in view of the
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order passed by this Court in C.A. No.11151/2016 on
23.11.2016. Till the writ petition is disposed of,
the interim order passed by this Court will continue
to operate.
7. We also make it clear that we have not considered
the merits of the matter and it is entirely for the
High Court to dispose of the writ petition on its own
merits.
8. The appeals are disposed of, as above.
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9. Pending application(s), if any, shall stand
disposed of.
10. There shall be no orders as to costs.
.......................J.
[KURIAN JOSEPH]
.......................J.
[R. BANUMATHI]
NEW DELHI;
MARCH 07, 2017.
JUDGMENT
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