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NON-REPORTABLE

 IN THE SUPREME COURT OF INDIA CIVIL  APPELLATE JURISDICTION

  CIVIL APPEAL NO. 8224 OF 2016 (Arising out of S.L.P.(C) No.18702 of 2016)

VISHNU KUMAR SIKARAVAR Appellant(s)

       Versus

ANIL KUMAR GARG AND OTHERS Respondent(s)

    J U D G M E N T

KURIAN, J.

1. We have heard learned counsel for the parties. 2. Leave granted. 3. On 12th July, 2016, this Court passed the following order :-

“Permission  to  file  special  leave petition is granted.

Delay condoned. Issue  notice,  returnable  after  three

weeks. Mr. Arjun Garg, learned counsel, accepts

notice on behalf of respondent No.1.

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It is pointed out that pursuant to the impugned  judgment,  the  State  of  Uttar Pradesh  has  restored  the  financial  and administrative  powers  in  purported implementation of the judgment.  But it is seen  from  the  impugned  judgment  that  the show cause notice itself has been quashed on the ground that before restraining the first respondent from exercising the financial and administrative  powers,  an  opportunity  for hearing was not granted.

Therefore,  pending  the  special  leave petition,  we  direct  the  State  of  Uttar Pradesh to issue a fresh show cause notice and afford an opportunity for hearing as to why  the  first  respondent  should  not  be restrained from exercising the financial and administrative  powers  on  account  of  the reasons stated in the show cause notice and pass fresh orders.  The whole exercise shall be completed in one month from today.

The  petitioner  is  directed  to communicate  a  copy  of  this  order  to  the competent  authority,  who  has  issued  the notice which has been impugned in the writ petition.

It  is  also  made  clear  that  any  steps taken by the first respondent pursuant to the permission now granted by the State of Uttar Pradesh will be subject to the result of the special leave petition and the orders to be passed by the State, as above.

Post after one month.”

4. Mr.  K.V.  Vishwanathan,  learned  senior  counsel appearing  on  behalf  of  Respondent  No.1  submits  that pursuant to the above order, the respondent has been issued notice and reply has also been filed before the

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competent authority. 5. In the above circumstances, there is no point in keeping this matter pending. We, accordingly, dispose of  the  appeal  with  a  direction  to  the   competent authority  to  pass  final  orders  in  the  matter  after affording an opportunity of hearing to the appellant and Respondent NO.1.  The same shall be done within a period of three weeks from today. 6. In  that  view  of  the  matter,  all  contentions available to the parties are kept open. 7. Copy of the order passed by the competent authority shall be filed before this Court for perusal, within four weeks. 8. Pending applications, if any, stand disposed of.

            ........................J.                      (KURIAN JOSEPH)

                 ........................J.                    (ROHINTON FALI NARIMAN)

New Delhi, August 22, 2016