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PETITIONER: P.R. SINHA & ORS.

       Vs.

RESPONDENT: INDER KRISHAN RAINA & ORS.

DATE OF JUDGMENT07/12/1995

BENCH: SINGH N.P. (J) BENCH: SINGH N.P. (J) FAIZAN UDDIN (J)

CITATION:  1996 SCC  (1) 681        1995 SCALE  (7)201

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      This 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.      It 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.      It is  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.      We are  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.

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    This  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.      We set  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.      The appeal is allowed accordingly.      We request  the High  Court to also consider whether in the facts  and circumstances of the case the proceedings for contempt should be pursued.