GULAM ABBAS KAMRUDDIN BHALAMWALA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 (for short the "the Ordinance" herein) the appellant questions the correctness of the order dated June 4, 1982 of the learned single Judge of this Court which he passed in S. B. Civil Misc. Stay Petition No. 484 of 1981 in S. B. Civil Writ Petition No. 528 of 1981,

(2.) In this appeal, we are not concerned with the facts of the case, and, therefore, it is not necessary to detail the same in the judgment. Suffice it to state that the appellant filed writ petition (S. B. Civil Writ Petition No. 528 of 1981) under Article 226 of the Constitution seeking an order, direction or writ in the nature of certiorari or mandamus or any other writ which the Court may deem fit to issue for quashing Ex. 8 dated Feb. 17, 1981 of the Special Secretary Agriculture Group VI Department, Government of Rajasthan, Jaipur and Ex. 9 dated March 24, 1981 of the Fishery Development Officer, Rana Pratap Sagar. Rawat Bhata District Chhittorgarh and further for a direction to the respondents not to restrain the petitioner (appellant) from removing the material i. e. wood, charcoal etc., which he had prepared in execution of the contract and which is lying on the spot, Along with the writ petition a stay petition (S. B. Civil Misc. Stay Petition No. 484 of 1981) was filed and it was prayed that the operation of the aforesaid two orders may be stayed pending the decision of the writ petition. In the stay petition, on April 29, 1981 in the presence of the counsel for the petitioner and the Government Advocate, the following ad interim order was passed: -

(3.) Feeling aggrieved, the petitioner (appellant) has filed this special appeal as aforesaid: