Machchuwa Matsya Vikas Sehkari Samiti LTD. v. State Of U. P.
1987-01-29
E.S.VENKATARAMIAH, M.M.DUTT
body1987
DigiLaw.ai
(1) SPECIAL leave granted. The appeals are heard. (2) THE interim order passed by the Allahabad High court (Allahabad Bench) against which these appeals are filed, is set aside. We are informed that two Writ Petition, namely W. P. Nos. 2137/86 and 2722/86 have been filed before the Lucknow bench in respect of the same subject-matter and they are still pending. We are of the view that the said cases which are pending before the Lucknow bench and the writ petition out of which these appeals arise should be heard by the same bench of the Allahabad High court. We, therefore, suggest that the cases pending before the Lucknow bench and the writ petition out of which these appeals arise may be heard at Allahabad by a division bench of the Allahabad High court, to be constituted by the learned Chief Justice. Having regard to the nature of these proceedings and the urgency we feel that these cases should be disposed of finally by the Division Bench within three weeks. If it is not possible for the division bench to dispose of the petitions finally within three weeks, it shall be at liberty to pass fresh interim orders independently of any earlier order passed in any of the cases. None of the parties to these proceedings and to the proceedings at Lucknow bench shall remove the sand from the area in question and exploit the mining rights in any way until the cases are finally disposed of by the Division bench or an appropriate interim order permitting any of them to carry on mining operations is made by the High court. We express no opinion on the merits of the claims of any of the parties. (3) THE appeals are disposed of accordingly.