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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3831 OF 2017

[ARISING FROM SPECIAL LEAVE PETITION (C) NO.1773 OF 2017]

UTTAR PRADESH STATE INDUSTRIAL DEVELOPMENT  CORPORATION LIMITED AND ORS. APPELLANT(S)

                               VERSUS ARUN KUMAR MISHRA AND ORS. RESPONDENT(S)

WITH CIVIL APPEAL NO. 3832 OF 2017

[ARISING FROM SPECIAL LEAVE PETITION (C) NO.2941 OF 2017] &

CIVIL APPEAL NO.3833  OF 2017 [ARISING FROM SPECIAL LEAVE PETITION (C) NO.37981 OF 2016]

J U D G M E N T KURIAN, J.

Leave granted.   2. The appellants are before us, aggrieved by the interim  order  passed  by  the  High  Court  dated 19.12.2016 passed in Writ Petition No.28986 of 2016. 3. As we propose to remit the matter to the writ court  for  final  disposal,  it  is  not  proper  or necessary  to  discuss  the  merits  of  the  matter. Suffice  to note  that this  Court after  hearing the arguments  extensively,  on  21.02.2017,  passed  the following order:-

“It is not in dispute that Mr. A.K. Mishra, the petitioner in SLP(C) No.37981 of 2016, is in charge only in respect of nine revenue divisions as of now.  As far

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as the remaining nine revenue divisions are concerned, without prejudice to the contentions available to either side, for the time being, the duties assigned to the  8th Respondent  may  be  discharged either by the Managing Director or by the Joint  Managing  Director,  until  further orders.

List  on  01.03.2017  for  further hearing.”

4. The  said  order  will  stand  substituted  in  the place of interim order passed by the High Court. 5. We request the High Court to dispose of the writ petition expeditiously and preferably within a period of three months from the date of receipt of a copy of this judgment. 6. Needless to say that the High Court will dispose of  the  writ  petition  untrammeled  by  any  of  the observations or findings rendered by the High Court in the interim order.  All contentions of the parties are  left  open,  including  the  contention  on maintainability of the writ petition, in view of the order passed by this Court in C.A. No.11151/2016 on 23.11.2016.  Till the writ petition is disposed of, the interim order passed by this Court will continue to operate. 7. We also make it clear that we have not considered the merits of the matter and it is entirely for the High Court to dispose of the writ petition on its own merits. 8. The appeals are disposed of, as above.

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9. Pending  application(s),  if  any,  shall  stand disposed of. 10. There shall be no orders as to costs.

.......................J.               [KURIAN JOSEPH]  

.......................J.               [R. BANUMATHI]  

NEW DELHI; MARCH 07, 2017.

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