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ORISSA HIGH COURT
V. Gopalagowda, C.J. and A.S. Naidu, J.
The Management of D.A.V. Public School, Chandrasekharpur —Appellant
versus
State Government of Orissa
and Anr. —Respondents
W.A. No. 112 of 2010
Decided on 6.5.2010
IMPORTANT POINT
Any order, passed including an order of either granting an interim order or not granting an interim order is appealable under Clause 10 of LPA.
Headnote:Letters Patent, Clause 10-—Letters Patent Appeal—Order under challenge, an interlocutory order—Grant of relief—Refused by single Judge—No reason to interfere with order passed by single Judge in exercise of discretionary power declining to grant interim order—Appellant given liberty to more before single Judge seeking for early hearing. (Paras 1 and 3)
Result: Appeal disposed of.
The correctness of the order dated 8.4.2010 passed in Misc. Case No.738 of 2010 arising out of W.P.(C) No.5030 of 2009 is under challenge in this writ appeal urging various legal contentions. Since the order is under challenge is an interlocutory one passed in a Miscellaneous Case filed by the appellant-management, it is not necessary for us to advert to the legal contentions urged in this writ appeal. It is well settled, legal position of law, that any order that would be passed including an order of either granting an interim order or not granting an interim order is appealable under Section 10 of the L.P.A.
2. The question in such matters whether this Court in exercise of its power can grant relief in this writ appeal or not ?
3. Having regard to the interim order challenged in this writ appeal we do not find any good reason to interfere with the order passed by the learned Single Judge in exercise of the discretionary power declining to grant interim order. Therefore, it would be suffice for us to give liberty to the appellant-management who is opposite party in the Writ Petition proceeding to move the learned Single Judge seeking for early hearing. If such request is made, having regard to the difficulties faced by the appellant-management the learned Single Judge may consider and hear the matter and dispose of the same as expeditiously as possible, preferably not later than eight working weeks from the date of filing such application.
With the aforesaid observation this writ appeal is disposed.
Appeal disposed of.
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