KANPUR JAL SANSTHAN Vs. DILAWAR ALI

JUDGEMENT

(1.) This special appeal has been preferred against the order dated 2.12.1999 of a learned single Judge passed in Writ Petition No. 5497 of 1997, Dilawar Ali and 23 others v. State of U. P. and others.

(2.) Sri Arun Tandon learned counsel for the appellant has contended that though the impugned order is an interim order but it has not only granted a relief which could be given only at the stage of final hearing but has also granted such relief which was not even claimed in the writ petition. Sri Fauzdar Rai learned counsel for the contending respondents has supported the order and has submitted that on the facts and circumstances of the case the order is fully Justified.

(3.) In order to appreciate the contentions raised at the bar, it is necessary to reproduce the impugned order which reads as under :