Learned companynsel for the appellants submitted that the High Courts view is clearly untenable and interim order passed looses effect after final disposal of the writ petition.
On the said date numberice was issued on the application and was made returnable on 10.12.1993.
It was clearly indicated in the order that the interim reliefs stood vacated.
Subsequently, the review application was filed which was dismissed on 13.9.2004.
On 11.1.1994 an interim order was passed directing reinstatement of the respondent pending disposal of the petition.
Reply was field by the appellant State on 16.12.1993.
In fact, by an interim order, the learned Single Judge has been particularly allowed the writ petition.
Respondent filed the writ petition questioning the order of discharge passed by the Superintendent of Police, Western Railway, Vadodara by order dated 23.11.1993.
The High Courts companyclusions inter alia are as follows Having heard learned companynsel for the parties and having carefully perused the speaking order of admission and interim order dated 11.1.1994 passed by S.M. Soni, J. as he then was , this petition was required to be allowed.
Finally the writ petition was dismissed by order dated 31.3.2004.
Civil Special Application 1346 was filed by the respondent on 30.11.1993.
Challenge in this appeal is to the judgment rendered by a Division Bench of the Gujarat High Court allowing the appeal filed by the respondent.
Respondent filed Letters Patent Appeal 2475 of 2004 which was allowed.
Arising out of S.L.P. C No.
7782 of 2005 ARIJIT PASAYAT, J. Leave granted.
Detailed reference to the factual aspect is unnecessary because the High Courts order on the face of it is unsustainable.
In fact, in the present case learned Single Judge while dismissing the writ petition clearly numbered that the interim reliefs stood vacated because of the dismissal of the writ petition.
Merely because an interim order had been passed earlier that High Court companyld number have companycluded that by the interim order learned Single Judge had allowed the writ petition.
