STATE OF UTTAR PRADESH Vs. CHANDRA SHEKHAR SHUKLA

JUDGEMENT

(1.) Leave granted.

(2.) Though this appeal is against an interim order passed by the High Court of allahabad, but in view of the nature of the order passed we have no other option than to interfere with the said order which normally we would not do. On a notice being issued to the respondent to show cause under the provisions of Section 3 of the u. P. Control of Gundas Act, 1971, a writ petition was filed and the High Court, by the impugned order, without application of mind, mechanically has passed order of interim stay of the further proceedings. We see no justification for the High Court to pass such interim order at this stage. This appears to us to be a total non-application of mind by the High Court while passing the interim order. We, therefore, set aside the impugned order of stay granted by the high Court and allow this appeal accordingly.