Full Judgment Text
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PETITIONER:
P.R. SINHA & ORS.
Vs.
RESPONDENT:
INDER KRISHAN RAINA & ORS.
DATE OF JUDGMENT07/12/1995
BENCH:
SINGH N.P. (J)
BENCH:
SINGH N.P. (J)
FAIZAN UDDIN (J)
CITATION:
1996 SCC (1) 681 1995 SCALE (7)201
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
This appeal has been filed on behalf of Managing
Director, Chief General Manager and General Manager, Bharat
Coking Coal Ltd., a Government of India Undertaking, against
an order dated 4th December, 1990 passed by a learned Judge
of Jammu & Kashmir High Court directing the appellants to
implement the order dated 27th August, 1990 passed by the
said High Court.
It appears that a writ petition was filed on behalf of
the respondents making a grievance regarding non supply of
coal inspite of the deposit having been made so far as the
price of the coal was concerned. The stand of the appellants
before the High Court was that the Income Tax Department had
attached the money which had been deposited by the
respondents for the supply of the coal.
It is an admitted position that an exparte ad interim
order was passed on 27th August, 1990 by the High Court
while admitting the writ petition saying that in the
meantime respondents of the said writ petition shall release
the coal to the writ petitioners for which they have
received the payment.
We are informed that a counter affidavit was filed. A
petition was also filed for modification of the aforesaid
interim order bringing to the notice of the High Court the
circumstances under which the coal could not be supplied to
the writ petitioners. Thereafter the impugned order was
passed saying that the aforesaid order dated 27th August,
1990 must be implemented within two weeks and a direction
was given to list the contempt petition alongwith writ
petition on 23rd December, 1990. In the meantime this Court
on 20th December, 1990 issued notice on the special leave
petition and passed an order staying further proceedings
before the High Court. From the records it appears that
respondents have appeared but none appeared when the appeal
was taken up for hearing.
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This Court has pointed out repeatedly that while
entertaining the writ petition the High Court should not
pass interim order, the nature of which is to grant a relief
which can be granted only at the final disposal of such writ
petition. Reference in this connection may be made to the
case of State of J & K vs. Mohd. Yaqboob Khan & Ors.
reported in 1992(4) SCC 167.
We set aside the order dated 4th December, 1990 and
request the High Court to first consider the application for
modification filed on behalf of the appellants and
thereafter pass any other appropriate order in accordance
with law.
The appeal is allowed accordingly.
We request the High Court to also consider whether in
the facts and circumstances of the case the proceedings for
contempt should be pursued.