Full Judgment Text
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CASE NO.:
Special Leave Petition (civil) 8854 of 2007
PETITIONER:
STATE OF U. P. & ORS
RESPONDENT:
DINESH KUMAR GUPTA
DATE OF JUDGMENT: 15/01/2008
BENCH:
Tarun Chatterjee & Dalveer Bhandari
JUDGMENT:
JUDGMENT
O R D E R
TARUN CHATTERJEE, J.
1. This Special Leave Petition is preferred against the
final Judgment and Order dated 19th of October, 2006
passed by the High Court of Judicature at Allahabad,
Lucknow Bench in Writ Petition No. 6532 (SS) of 2001.
Without going into the merits and facts of the present
case, we may dispose of this Special Leave Petition on a
very short point.
2. In the aforesaid Writ Petition, a Special Appeal has
already been filed by the State of U.P. and Ors., which is
still pending decision. It appears from the record of this
Special Leave Petition that the Special Appeal could not
be heard on a number of occasions due to heavy board or
paucity of time, although the respondent is proceeding
with the Contempt Proceeding.
3. Having heard the learned counsel for the parties
and after going through the materials on record and
considering the fact that since, admittedly, a Special
Appeal has been filed against the impugned judgment, we
are of the view that without going into the merits of this
Special Leave Petition, which has also been filed against
the impugned judgment only, it would be proper to
dispose of this Special Leave Petition by requesting the
High Court to decide the Special Appeal pending before it
against the impugned order at an early date, preferably
within four months from the date of communication of this
Order to the High Court.
4. We make it clear that we have not gone into the
merits of the disputes raised by the parties before us
against the impugned Order, which shall be decided by
the Division Bench of the High Court in accordance with
law.
5. However, it would be open to the petitioners to
apply for stay of the order of the learned Single Judge or
ask for stay of the contempt proceeding pending in the
High Court.
6. With these observations, this Special Leave Petition
is disposed of. There will be no order as to costs.