- (1.) HEARD Learned Counsel for the parties.
(2.) THE Learned Counsel for the appellant in this Special Appeal has prayed for followings relief: i) Issue writ of certiorari or any other appropriate writ order or direction in the like nature quashing the order dated 22.7.2010 passed by O.P. No. 1 as contained in annexure No. 1 of the writ petition. ii) Issue writ of mandamus or any appropriate writ, order or direction commanding opposite parties not to implement the order dated 22.07.2010 passed by respondent No. 1 during the pendency of writ petition 5406 (S/S) of 2010 Smt. Renu v. District Magistrate, Unnao and Ors. iii) Make any other order or direction as is deemed just and proper in the facts and circumstances of the case. The appeal is sought against the order dated 06.08.2010, that is not the subject matter of the present appeal. On this ground itself, the present appeal is liable to be dismissed as the order of learned Single Judge is not under challenge before us.
(3.) THE Learned Counsel for the appellant, however points out before us a judgment of the Co -ordinate Bench of this Court in the case of Ashutosh Shrotriya and Ors. v. Vice Chancellor,, 2009 (27) LCD 634, wherein the learned Judge has framed two questions for consideration by the larger Bench of this Court. Two questions framed are as under: 1. Whether when a writ petition is heard by a learned Single Judge and he calls for counter and rejoinder affidavits, but he does not pass any order on the stay application either granting a stay order or refusing the stay order, then, whether the order amounts to refusal of interim order to the petitioner either temporarily or impliedly amounting to a judgment within the meaning of Chapter VIII Rule V of the Rules of the Court, 1952? 2. Whether an order which adversely affects the valuable right of the party by temporary or implied refusal of interim relief shall have trapping of the judgment or not?;