Neutral Citation No. - 2025:AHC:65349-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 1091 of 2024 Appellant :- The Committee Of Management Mahatma Gandhi Smarak Inter College Arnawali Meerut Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Abhitab Kumar Tiwari Counsel for Respondent :- C.S.C.,Satyendra Singh Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. This appeal is directed against the order of learned Single Judge, dated 21.11.2024, passed in Writ-A No.17245 of 2024, whereby notices are issued to respondents to file counter affidavit. 2. Shri Satyendra Singh, Advocate has entered appearance on behalf of respondent no.4 Santosh Kumar Yadav, whereas learned Standing Counsel has appeared for respondent nos.1 to 3. 3. On behalf of State authorities a counter affidavit has already been filed in the writ petition by learned Standing Counsel. 4. Learned counsel for respondent no.4 states that counter affidavit on his behalf would be filed in the matter positively within a week in the writ petition. 5. It shall be open for the appellant/petitioner to file rejoinder affidavit in the writ petition thereafter. 6. In the facts of the case, the view taken by learned Single Judge not to consider prayer for interim relief at the stage of fresh motion and to invite counter affidavit cannot be faulted. The only indulgence which we may grant to the appellant/petitioner is to permit him to move appropriate application for early hearing of the writ petition. 7. Subject to the aforesaid observations, this appeal is consigned to records. Order Date :- 28.4.2025 Ashok Kr. Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad