- (1.) Heard finally. This intra Court appeal is directed against order dated 7th December, 2012 passed by the Single Bench, whereby application under article 226(3) of the Constitution of India, filed by the private respondents, has been allowed and the interim order passed on stay application, has been vacated.
(2.) The writ petition was filed by the petitioners/appellants challenging the order dated 29th January, 2004(Annexure-8), which was stayed by the learned Single Judge, after hearing learned Government Advocate appearing on behalf of the respondents, vide order dated 9th September, 2005. Subsequently, in the year 2008, private respondents filed an application for impleadement as party, which was allowed and thereafter, they moved an application under Article 226(3) of the Constitution of India, which has been allowed by the Single Bench vide order dated 7th December, 2012, which is impugned in this intra Court appeal.
(3.) Learned counsel for the appellants submitted that after hearing both the parties, the stay order was passed on 9th September, 2005, staying the order dated 29th January, 2004. The private respondents filed application for impleading them as party, which was allowed and subsequently, on their application under Article 226(3) of the Constitution of India, confirmed stay order dated 9th September, 2005 has been vacated. He submitted that since the stay order dated 9th September, 2005 was passed after hearing both the parties, therefore, it could not have been vacated on the basis of application filed by newly impleaded respondents. More so, the private respondents were impleaded as party after three years and the application for vacation of stay order was filed on 2nd November, 2012.;