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2022 Supreme(UK) 100

SHARAD KUMAR SHARMA
Khushal Singh Adhikari – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Shobhit Saharia.
For the Respondents: Mr. T.S. Phartiyal, Mr. Shailendra Singh Chauhan, Mr. Hari Om Bhakuni.

JUDGMENT :

SHARAD KUMAR SHARMA, J.

1. The stage of the proceedings of the writ petition, at which this Court is called upon to consider the stay vacation application, for the purposes of scrutinizing the veracity of the interim order dated 18.11.2021, which has been passed by the court in a contractual matter, where it effects the Work Package No. 07-08 for Stage II work of motor road from Rati Ghat to Budhlakot, is required to be considered, as to whether at all there could be a stay of the tendering process, by virtue and as a consequential effect of which, would be that the entire work of a project for laying down the roads in the hill areas has been kept at a halt.

2. This Court has had to refer to each of the elaborate arguments, which has been extended by the learned counsels, for the petitioner, as well as, that of the respondents, wherein the counsel for the petitioner has rather contended, that grant of an interim order in the instant case was imminent because in the absence of the same it would have completely rendered the lis itself infructuous, wherein in the writ petition the petitioner has put a challenge to the order of 30.11.2011, as uploaded 01.11.2021, which was pass

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