- (1.) SHIV Dham (Dharmana) Jan Kalyan Charitable Trust, Sikar filed Writ Petition No. 10133/2010 with following prayer: (i) Issue an appropriate Writ, Order or direction and thereby the impugned orders dated 23.07.2010 (Annexure - 12 & 13) be quashed and st aside and the petitioner may be allowed to provide meals to the poor persons through Akshay Kaleva Kendra, Surajpole Gate, Sikar; (ii) Issue an appropriate Writ, Order or direction and thereby the respondent No. 2 may be directed to release the amount due and as prayed vide application dated 21.07.2010 and the respondents No. 2 may be further directed to release the amount at the end of every months. (iii) Issue an appropriate Writ, Order or direction and thereby any action taken/order passed by respondents against petitioner during pendency of writ petition may also be taken on record and the same may also be quashed and set aside; (iv) Any other relief as may be deemed just and proper in the facts and circumstances of the case be also awarded in favour of the petitioners; (v) The cost of the writ petition may also be awarded in favour of the petitioner.
(2.) ON 28.07.2010 learned Single Judge issued notice of writ petition as well as stay application and stayed operation of orders dated 23.07.2010 (Annexure 12 & 13) with direction to respondents to allow the petitioner to operate Akshay Kaleva Kendra, Surajpole Gate, Sikar. The respondent No. 2 (appellant herein) was further directed to release the contribution amount @ Rs.2/ - per person on month to month basis regularly along -with the amount due. Being aggrieved with aforesaid interim order, the Commissioner, Nagar Parishad, Sikar, has preferred present appeal.
(3.) DECISION in present special appeal will also decide the point involved in writ petition, therefore, we deemed it appropriate to direct the registry to place the writ petition on board and that is why the writ petition is before us and we decide both, special appeal and writ petition, together.;