- (1.) In this application, the respondent No. 4/applicant has prayed for vacating the interim order dated 6-5-2003 passed in the writ application, W. P. (S) No. 2135 of 2003 from perusal of the said order dated 6-5-2003, it appears that the notice was issued to the respondent No. 4 and the counsel for the State was given five weeks' time to obtain instructions and file counter affidavit. The case was fixed for admission for 11th of July, 2003 and the following interim order was passed :- "Until further order the respondent No. 4 shall not function, but the petitioner shall pay him the subsistence allowance. The petitioner may also proceed against the Respondent No.4 departmentally and may pass appropriate order in accordance with law, after notice to him subject to the decision of the case. It will be open to the concerned Respondents to ask for appropriate modification/clarification of this interim order."
(2.) It appears from the record that the respondent No. 4 i.e. the applicant appeared on 10-7-2003 and filed a detailed counter affidavit. The respondent No. 4 applicant, however, did not chose to object the interim order at that time and he did not file any application for vacating the interim order. The respondent No. 4/applicant, thereafter, filed supplementary counter affidavit on 9-9-2003, but even on that day, no application was filed for vacating the interim order. Thereafter, by an order dated 4-11-2003, this writ application was admitted for hearing. The respondent No. 4 at that time too did not object to the interim order and did not file any application for vacating the same. After more than a year from the date of admission, the respondent No. 4-appli- cant has filed the instant application dated 4-1-2005 praying therein for vacating the interim order dated 6-5-2003.
(3.) When this interlocutory application is taken up for hearing, Mr. K. K. Jha 'Kamal learned counsel appearing on behalf of the respondent No. 4-applicant submitted that he does not want to go into the merits of his application as the same having not been disposed of within the period prescribed under Article 226(3) of the Constitution, the interim order automatically stood vacated under the said provision.;