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CASE NO.: Special Leave Petition (civil)  8854 of 2007

PETITIONER: STATE OF U. P. & ORS

RESPONDENT: DINESH KUMAR GUPTA

DATE OF JUDGMENT: 15/01/2008

BENCH: Tarun Chatterjee & Dalveer Bhandari

JUDGMENT: JUDGMENT

O R D E R   TARUN CHATTERJEE, J. 1.      This Special Leave Petition is preferred against the  final Judgment and Order dated 19th of October, 2006  passed by the High Court of Judicature at Allahabad,  Lucknow Bench in Writ Petition No. 6532 (SS) of 2001.   Without going into the merits and facts of the present  case, we may dispose of this Special Leave Petition on a  very short point. 2.      In the aforesaid Writ Petition, a Special Appeal has  already been filed by the State of U.P. and Ors., which is  still pending decision.  It appears from the record of this  Special Leave Petition that the Special Appeal could not  be heard on a number of occasions due to heavy board or  paucity of time, although the respondent is proceeding  with the Contempt Proceeding.   3.      Having heard the learned counsel for the parties  and after going through the materials on record and  considering the fact that since, admittedly, a Special  Appeal has been filed against the impugned judgment, we  are of the view that without going into the merits of this  Special Leave Petition, which has also been filed against  the impugned judgment only, it would be proper to  dispose of this Special Leave Petition by requesting the  High Court to decide the Special Appeal pending before it  against the impugned order at an early date, preferably  within four months from the date of communication of this  Order to the High Court.   4.      We make it clear that we have not gone into the  merits of the disputes raised by the parties before us  against the impugned Order, which shall be decided by  the Division Bench of the High Court in accordance with  law.   5.      However, it would be open to the petitioners to  apply for stay of the order of the learned Single Judge or  ask for stay of the contempt proceeding pending in the  High Court.  6.      With these observations, this Special Leave Petition  is disposed of.  There will be no order as to costs.