JAINTIA HILLS AUTONOMOUS DISTRICT COUNCIL Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. A. K. Phukan, learned counsel for the appellants and Ms. B. Dutta, learned Govt. Advocate, Meghalaya, appearing for respondents Nos. 1 to 4 and Mr. M. Z. Ahmed, learned counsel for respondent No.5.

(2.) The appellants have filed a writ petition in the High Court along with an application for stay. The learned Single Judge after hearing the matter on stay granted ex parte interim stay on 26.4.2002. The respondents entered appearance and moved applications dated 5.5.2002 and 7.5.2002 under Article 226(3) of the Constitution of India for vacating the ex parte interim stay granted in favour of the appellants/petitioners. The applications under Article 226(3) of the Constitution of India could not come for hearing and since 14 days had expired before the matter could come up for hearing, the interim stay granted by the Court was vacated by order dated 24.5.2002. Later, the appellants/petitioners have again moved an application for grant of stay on 30.5.2002. The learned Single Judge dismissed this application by order dated 30.5.2002 on the ground that the second application of the petitioners for grant of stay cannot be entertained as the first application, stood rejected by operation of the provisions of Article 226(3) of the Constitution of India. The learned Single Judge has also held that he cannot sit as an appellate court over the decision rendered on 24.5.2002. Consequently, the application filed by the appellants/petitioners was rejected.

(3.) Aggrieved by the said order passed by the learned Single Judge, this appeal is filed.