PRAKASH SRIVASTAVA Vs. MANHGI LAL AND ANR.

JUDGEMENT

(1.) THIS petition although was reported to be cognizable by a Single Judge, was presented before the Division Bench and on 18.12.1985 the Division Bench was pleased to order that notices be issued to opposite party No. 1 to show cause why the writ petition may not be admitted. It is indicated that notices were to be issued directing that the petition would come up for orders on 20th January, 1986. Till that date, the operation of the order contained in Annexure -4 dated 15.11.1985 was stayed.

(2.) THIS matter was listed today in lunch hours but when I learnt that a Division Bench had taken cognizance in the matter, it was ordered by me to be placed before a Division Bench today. It is in these circumstances that the case is before this Court.

(3.) THE petition has been resisted on behalf of opposite party No. 1 who happens to be the tenant and a counter affidavit has also been filed with a prayer for vacation of to stay order. Instead of passing an order of admission, since affidavits have been exchanged between the parties, we heard the learned Counsel for the parties on merits and propose to dispose of the petition itself as it lies in a very narrow ambit.