AIR 1985 SUPREME COURT 330 ::1985 SCC (Tax) 75 ::(1985) 19 ELT 22 ::(1985) 4 ECC 103 ::(1985) ECR 4 ::1985 (1) SCC 260 ::1985 UJ (SC) 368 ::1985 (1) AndhLT 257 ::(1985) 58 ComCas 145 ::1985 58 Com Cas 145 ::(1985) Guj LH 25 ::1985 (154) ITR 172 ::(1985) 2 SCR 190 (SC) ::1985 2 SCR 190 ::(1985) 1 LandLR 443

Supreme Court Of India

(From : Calcutta)*

Hon'ble Judge(s): O. Chinnappa Reddy, A. P. Sen, E. S. Venkataramiah , JJJ

(A) Constitution of India , Art.226— Writ petition - Interim order - Tendency to grant interim order for mere asking deprecated - Also, deprecated the practice of granting interim order practically giving principal relief sought in petition for mere reason that prima facie case has been made out. F. M. A. T. Nos. 2139 and 2033 of 1984, D/- 9-8-1984 (Cal.) Reversed.Practice and Procedure - Interim order. A tendency to grant interim orders, with a great potential for public mischief for the mere asking is deprecated by the Supreme Court. It was further observed that such interim orders, often ex parte and non-speaking are made even by the High Courts while entertaining writ petitions under Art. 226 of the Constitution, and in the Calcutta High Court, on oral application too.(Para 1) The Supreme Court also deprecated the practice of granting interim order which practically give the principal relief sought in the petition for no better reason than that a prima facie case has been made out, without being concerned about the balance of convenience, the public interest and a host of other relevant considerations.(Para 5) The Supreme Court observed that the collection of public revenue has been seriously jeopardised and budgets of Governments, and Local Authorities affirmatively preju....