SARBJIT RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE case was admitted on 5th September, 1997 nos. 2, 3, 4 and 5, this Court passed interim order staying operation of the impugned order dated 21st May, 1997.

(2.) AN Interlocutory Application No.7330 of 1997 has been filed on behalf of the respondent no.2 on 2nd December, 1997 after serving a copy of the same on the counsel for the petitioner on the same date (2nd December, 1997) with prayer to vacate the interim order of stay dated 5th September, 1997.

(3.) TODAY , when the case was taken up, the counsel appearing on behalf of the respondent no.2 referred the provision of Article 226(3) of the Constitution of India and submitted that no order having been passed by this Court within a period of two weeks from the date of receipt of filing of the Interlocutory Application, the interim order dated 5th September, 1997 should be treated to be vacated in terms with the aforesaid provision of the Constitution.