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2025 DAILYLAW 161635 (ALL)

VIVEK KUMAR SHARMA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND 2 OTHERS

SPLA/287/2025 · 2025-09-02

Manjive Shukla, Rajan Roy

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL No. - 287 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE MANJIVE SHUKLA, J. 1. The appellant is opposite party in the writ petition wherein an interim order has been passed on 21.8.2025 by learned Single Judge in Writ- A No. 9349 of 2025 staying the order dated 8th of August, 2025, which is impugned in the writ petition filed by the private opposite party. 2. The contention of the appellant in nutshell is that the order dated 28.7.2025, contains the reasoning as to why the officiating duty of issuance of NOC of Joint Director Level has not been given to private opposite party-petitioner but this fact could not be considered by the writ court. 3. We find that the order is a time bound interim order and though it had been passed after hearing the appellant, considering the new plea being raised herein, we leave it open for the petitioner to move an application for vacation of the said interim order taking all relevant pleas and annexing all documents which were not on record earlier, which shall be considered by learned Single Judge at the earliest. For the said purpose, we post the writ petition before the learned Single Judge on 15.9.2025 as fresh. The State may also provide necessary assistance to the writ court. 4. The Special Appeal is, accordingly, disposed of. September 2, 2025 Anuj Singh Versus Counsel for Appellant(s) : Krishna Madhav Shukla, Alok Mishra Counsel for Respondent(s) : C.S.C., Rajat Rajan Singh (Manjive Shukla,J.) (Rajan Roy,J.) Vivek Kumar Sharma .....Appellant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 2 Others .....Respondent(s) Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench