Research › Search › Judgment

Allahabad High Court · body

2017 DIGILAW 375 (ALL)

MOHD. KHURSHEED ALAM v. STATE OF U. P.

2017-01-31

ARUN TANDON, RAJUL BHARGAVA

body2017
JUDGMENT By the Court.—Heard learned counsel for the parties. 2. This appeal is directed against the order of the Learned Single Judge dated 20th October, 2016, wherein the judgment and order of the Regional Level Committee dated 14th September, 2016 has been kept in abeyance. 3. Learned counsel for the parties agree that the order impugned in the writ petition dated 14th September, 2016 was made by the Regional Level Committee in compliance to the order of the Writ Court dated 1st March, 2016 passed in Writ Petition Nos. 3930 of 2016 and 6089 of 2016. 4. Order dated 1st March, 2016 itself provided that there shall be single operation of accounts in the institution till the issue, as to which society has actually established the institution and is entitled to manage it, is finally examined by the Regional Level Committee. 5. Order impugned before the learned Single Judge dated 14th September, 2016 has gone against the petitioner and therefore, at best the status as was prevailing on the date, writ petition was filed, could have been maintained, as interim orders are always granted to maintain the status in normal circumstances as was prevailing on the date the proceedings were instituted. 6. Admittedly, the decision of the Regional Level Committee has gone against the petitioner who response in these appeals and therefore, the interim order would have been granted and would have been maintained the status as was prevailing on the date, the order was passed by the Regional Level Committee i.e. the order of single operation of their accounts of the Institution. 7. Sri Ashok Khare, Senior Advocate as well as Sri Prabhakar Awasthi counsel for the appellant submitted before us that this Court could not enter into the merits of the dispute and leave the matter to be examined finally by the Learned Single Judge by modifying the interim order under challenge to the extent that there shall be single operation of accounts in the institution till the writ petition is finally decided. 8. In view of the aforesaid, the interim order passed by the Learned Single Judge dated 20th October, 2016 is modified to the extent that there shall be single operation of their accounts in the institution till the writ petition Nos. 4697 of 2016 is finally decided. 9. This appeal is finally disposed of. 10. 8. In view of the aforesaid, the interim order passed by the Learned Single Judge dated 20th October, 2016 is modified to the extent that there shall be single operation of their accounts in the institution till the writ petition Nos. 4697 of 2016 is finally decided. 9. This appeal is finally disposed of. 10. We request the learned Single Judge to consider and decide the writ petition finally as early as possible preferably within two months.