MANAGEMENT OF D.A.V.PUBLIC SCHOOL, CHANDRASEKHARPUR Vs. STATE GOVERNMENT OF ORISSA REPRESENTED BY ITS SECRETARY

JUDGEMENT

(1.) The correctness of The Order Dated 08.4.2010 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 filed 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 Opp. Party in the Writ Petition proceeding to move the Learned Single Judge seeking for early hearing. It such request is made, having regard to the difficulties faced by the Appellant management the Learned Single Judge may consider & hear the matter & dispose of the same as expeditiously as possible, preferably not later than eight working weeks from the date of filing such application.