In Spl. Applt. Writ No. 182 of 2008, this Bench dismissed a special appeal summarily against the vacation of an interim stay by the Single Judge, clarified that the decision does not affect the merits of the underlying writ petition.
Special appeal dismissed summarily; underlying writ petition remains to be heard on merits.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR --------------------------------------------------------
SPL. APPL. WRIT No. 182 of 2008
MOHAMMED IQUBAL QUERISHI V/S STATE & ORS.
Mr. MOTI SINGH, for the appellant / petitioner Mr. DS RAJVI, for the respondent
Date of Order : 7.3.2008
HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI MANAK MOHTA,J.
ORDER -----
Heard learned counsel for the parties.
Of course the learned Single Judge has not given
any reason for vacating the interim stay, however, it is informed by the learned counsel for the respondent that the appellant has already been relieved even before passing of interim stay granted by the learned Single Judge. That apart, even after passing of the impugned order, vide communication dated 4.3.2008 the appellant has already been directed to join at Jojawar and was again finally relieved.
That being the position, we do not find any ground to interfere with the impugned order. The special appeal stands dismissed summarily. However, it is clarified that this dismissal of appeal or vacating of the stay order will not in any manner affect the hearing of writ petition for admission on its own merits.
/sanjay/
MOHAMMED IQUBAL QUERISHI
STATE
N P GUPTA
MANAK MOHTA
As recorded by the court registry
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