& Ors Vs. Inder Krishan Raina & Ors  INSC 810 (7 December 1995)
N.P. (J) Singh N.P. (J) Faizan Uddin (J)
1996 SCC (1) 681 1995 SCALE (7)201
O R D
appeal has been filed on behalf of Managing Director, Chief General Manager and
General Manager, Bharat Coking Coal Ltd., a Government of India Undertaking,
against an order dated 4th December, 1990 passed by a learned Judge of Jammu
& Kashmir High Court directing the appellants to implement the order dated
27th August, 1990 passed by the said High Court.
appears that a writ petition was filed on behalf of the respondents making a
grievance regarding non supply of coal inspite of the deposit having been made
so far as the price of the coal was concerned. The stand of the appellants
before the High Court was that the Income Tax Department had attached the money
which had been deposited by the respondents for the supply of the coal.
an admitted position that an exparte ad interim order was passed on 27th
August, 1990 by the High Court while admitting the writ petition saying that in
the meantime respondents of the said writ petition shall release the coal to
the writ petitioners for which they have received the payment.
informed that a counter affidavit was filed. A petition was also filed for
modification of the aforesaid interim order bringing to the notice of the High
Court the circumstances under which the coal could not be supplied to the writ
petitioners. Thereafter the impugned order was passed saying that the aforesaid
order dated 27th
August, 1990 must be
implemented within two weeks and a direction was given to list the contempt
petition alongwith writ petition on 23rd December, 1990. In the meantime this Court on 20th December, 1990 issued notice on the special leave
petition and passed an order staying further proceedings before the High Court.
From the records it appears that respondents have appeared but none appeared
when the appeal was taken up for hearing.
Court has pointed out repeatedly that while entertaining the writ petition the
High Court should not pass interim order, the nature of which is to grant a
relief which can be granted only at the final disposal of such writ petition.
Reference in this connection may be made to the case of State of J & K vs. Mohd.
Yaqboob Khan & Ors.reported in 1992(4) SCC 167.
aside the order dated 4th
December, 1990 and
request the High Court to first consider the application for modification filed
on behalf of the appellants and thereafter pass any other appropriate order in
accordance with law.
appeal is allowed accordingly.
request the High Court to also consider whether in the facts and circumstances
of the case the proceedings for contempt should be pursued.