- (1.) Ten petitions bearing Transfer Petitions Nos. 435-44 of 2008 were filed before this Court for transfer of various writ petitions pending before the Allahabad High Court to this Court in which notices were issued and further proceedings in the writ petitions pending before the High Court were stayed.
(2.) Out of the aforesaid transfer petitions, in Transfer Petition Nos. 438 and 440 of 2008, interlocutory applications were filed in the month of July 2009, on behalf of Respondent 1, Mithilesh Kumar Singh, which were registered as IA. Nos. 65-66 of 2009, wherein prayer was made, inter alia, for restraining the State of Uttar Pradesh from raising construction of memorials, statues, smaraks, parks, sthals and statues of election symbol (elephants) and the like on the government land by spending public money. Those two applications were placed before us in the Mentioning Board on 1-9-2009, on which date, it was ordered to place the same in the Mentioning Board on 8-9-2009, to enable the learned counsel appearing on behalf of Respondent 1 to file further affidavit.
(3.) On 8-9-2009, the two applications were taken up at 1.30 p.m., Dr. A.M. Singhvi, learned Senior Counsel appearing on behalf of Respondent 1 concluded his arguments whereafter Mr S.C. Misra, learned Senior Counsel appearing on behalf of the State of Uttar Pradesh was on his legs, when the Court had to rise for the day. After hearing the matter for over two hours, we were inclined to pass some interim orders till the matter was next taken up on 29-9-2009. At that time, however, Mr S.C. Misra gave an undertaking that no further constructions will be carried on at the project sites covered by different writ petitions pending in the Allahabad High Court. In view of the clear and definite undertaking given on behalf of the State of Uttar Pradesh, there was no need for the Court to pass any formal interim order.;