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2016 Supreme(All) 594

KRISHNA MURARI, RAGHVENDRA KUMAR
HARIBANSH UPADHYAY – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Alok Mishra for the Petitioner; C.S.C., Dharamraj Chaudhary and Indra Raj Singh for the Respondents.

JUDGMENT

By the Court.—This intra Court appeal under the Rules of the Court is directed against the order dated 19.2.2016 passed by learned single Judge on writ petition No. 7640 of 2006 filed by appellants calling for a counter-affidavit from the respondents within four weeks and connecting the writ petition with another writ petition No. 64917 of 2014, The order under challenge reads as under :

“Heard Shri Alok Mishra, learned counsel for the petitioner, Shri Indra Raj Singh, who has filed caveat application on behalf of respondents No. 5 to 22 and Shri Vikram Bahadur Yadav for the respondents No. 1 to 4.

All the respondents may file counter-affidavit within four weeks.

List thereafter

Connect with W. P. “A” No. 64917 of 2014 (Rakesh Kumar Lal and others v. State of U.P. and others)”

2. Learned counsel for the appellants submits that denial to decide the stay application by the learned single Judge adversely affects the rights of the petitioner-appellants for being regularized in service according to service rules resulting in serious irreparable loss. It is further submitted that though the order on the face of record amounts to procedural order passed in progression of the case but i




































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