STATE OF U P Vs. COMMITTEE OF MANAGEMENT

JUDGEMENT

(1.) THIS appeal has been filed by the State of U.P. against the judgment dated 10.1.2001 of the Hon'ble Single Judge in Civil Misc. Writ Petition No.48654 of 2000 wherein his Lordship has taken a general view on the question as to whether application for extension of time bound interim orders is necessary or whether it must be heard by the same Judge or it could be heard by another Judge, who is seized of the jurisdiction as a result of rotation of Bench and has held that no order is required to be passed as time bound interim order. If case is not taken up, and if the petitioner applies for question answer from the office to find out whether his application was pending and interim order was continuing even after expiry of time mentioned in the order, the answer be given by the office in the affirmative.

(2.) HAVING heard learned standing counsel, we are of the view that the judgment under appeal is not sustainable in law.

(3.) THE aforesaid two judgments of the Apex Court squarely apply here also. It cannot be said that an interim order passed for a limited period would continue automatically if one or the other reason the case could not be taken up by the Court. If Court has passed interim order for a limited period, unless that order is extended, it would not continue automatically. THE view taken by the Hon'ble Single Judge is in the teeth of the law laid down by the Apex Court, as discussed above and, therefore, cannot sustain.