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Uttar Pradesh State Industrial Development Corporation Ltd. v. Arun Kumar Mishra

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 3831 of 2017)Decided 7 Mar 2017
Civil Appeal No. 3831 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

This order sends the case back; it does not decide the dispute. The case concerns which officer should discharge certain duties in the Uttar Pradesh State Industrial Development Corporation. The High Court had made an interim arrangement on this point in a pending writ petition, and that interim order was challenged in the Supreme Court.

Decision Breakdown

This is not a final decision on the dispute. The Court said it was not proper or necessary to discuss the merits because it was sending the matter back to the writ court for final disposal. It replaced the High Court's interim arrangement with its own interim arrangement reached on 21.02.2017. It directed the High Court to decide the writ petition on its own merits within three months, with all contentions left open, including maintainability.

Lesson Learnt

There is no final ruling yet on which officer should discharge the duties. The High Court must decide the writ petition afresh, uninfluenced by anything said in this order.

Official source (sci.gov.in)View Judgment (PDF)

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