RAKESH SHARMA, J. - (1.) THIS is a special appeal against an interim order of a learned single judge. It appears that a notice was issued to the committee of management the petitioners in the writ petition giving rise to this appeal in which certain allegations to be inquired into have been made against the committee of management. By the interim order the learned single judge has directed that the enquiry against the writ petitioners/respondents in this appeal may go on but no final orders shall be passed till the next date of listing. The learned single judge has also observed that the respondent authorities shall supply the documents demanded by the petitioners, which are relevant for the enquiry.
(2.) SRI Rakesh Bahadur, learned counsel for the writ petitioner committee of management respondents in this appeal submitted that the appellants are not members of Karm Kshettra Inter College, Etawah and have no locus standi. It appears that the appellants had lodged a caveat in the writ petition and they were given opportunity to file an impleadment application and a counter affidavit. It is stated by the learned counsel for the respondents that as yet no impleadment application or counter affidavit has been filed in the writ petition. Sri P.S. Baghel, learned counsel for the appellants on the other hand submitted that the appellants are members of the general body of the parent society and that the appellants have been impleaded as defendants in a suit filed by the committee of management the petitioners in the writ petition. The question as to whether the appellants are members of the general body or not is a question of fact and in the absence of pleadings exchanged between the parties no finding can be given at this stage. However, we find that on the material on record before the learned single judge the discretion exercised by him in passing the interim order, which is limited to preventing final orders being passed and to supply copies of relevant documents does not suffer from any illegality. It is open to the appellants to file an impleadment application and a counter affidavit in the writ petition itself and in case they do so it is for the learned single judge to take a decision regarding their status and regarding other questions that may be raised. With these observations the appeal is dismissed.;