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Judgment
Deepak Roshan, J
Heard learned counsel for the parties through V.C.
Mr. Sumeet Gadodia, learned counsel for the petitioner submits that though the reasoned order has been passed however by looking to the aforesaid
order it would transpires that the competent authority has taken the same ground what was taken in the counter affidavit and practically passed a
fresh order by setting aside the order dated 13.10.2020 passed in the writ application. He further submits that the party was enjoying stay throughout
the pendency of the writ application as such stay of Annexure-5 is necessary otherwise the petitioner will face irreparable loss and injuries.
Mr. Ashok Kumar Yadav, learned counsel for the State submits that he would file show-cause reply within a period of three weeks, however he
could not answer as to whether any appeal has been filed against this writ application or not.
Having regard to the facts of the case the reasoned order as contained in Memo No.151 dated 22.01.2021 (Annexure-5) shall remain stayed till the
next date of hearing.
Further, learned counsel for the State is directed to file the show-cause reply giving specific assertion as to whether any appeal has been filed
against the order dated 13.10.2020 or instead of filing an appeal they have passed the reasoned order and restored the impugned order dated
11.07.2013 which was already quashed by this Court.
Put up this case on 09.07.2021.
