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Judgment
This Appeal is sought to be maintained against the order
dated 04.05.2017 passed by the learned Single Judge, by which
the order impugned in the Writ Petition was stayed till the next
date of listing.
We heard Mr. Virendra Kaparwan, learned counsel on
behalf of the appellant, Mr. C.S. Rawat, Additional Chief
Standing Counsel on behalf of the State, Mr. Jitendra
Chaudhary, learned counsel on behalf of respondent no. 5 and
Mr. Rakesh Thapliyal, learned counsel for the Society.
No doubt, learned counsel for the appellant would point
out that this is a case, where though the learned Single Judge
directed that the appellant be impleaded, till date the said order
has not been complied with. We are also told that on the date,
on which the matter stood posted, as per the impugned order,
the impugned order has been extended.
In the circumstances, we would think that by the tenor of
the impugned order, we cannot treat it as a judgment within
the meaning of Rule 5 Chapter VIII of the High Court Rules. On
this short ground, we are not inclined to entertain this Appeal.
Accordingly, the appeal will stand rejected. However, we
leave it open to the appellant to seek impleadment and also
vacation of the interim order. We leave open all the contentions
of the appellant.
Subject to the same, the application for leave to appeal
and the Appeal will stand dismissed as not maintainable.