MC 1828/2011 BEFORE HON’BLE MR. JUSTICE A.K. GOSWAMI Heard Mr. N.K. Barua, learned counsel for the respondent No. 5/applicant. Also h eard Md. M.H. Rajbarbhuiyan, learned counsel appearing for the writ petitioner. Dr. B. Ahmed, learned standing counsel appears for the respondent No. 2 and Mrs . S. Sarma, learned State counsel appears for the respondent Nos. 1, 3 & 4. By this application filed under 226(3) of the Constitution of In dia, the respondent No. 5/applicant prays for vacation/modification/alteration o f the interim order dated 11.10.2010. Mr. Barua, learned counsel for the petitioner submits that the application was filed on 16.6.2011 and as such the interim order dated 11.10.10 automatically stood vacated in terms of Article 226(3) of the Constitution of In dia. He has also submitted that the writ petitioner did not take any step whatso ever for disposal of the application within the period of two weeks from 16.6.20 11, when the notice of the application was served on the learned counsel for the petitioner. Mr. Borbhuiyan, learned counsel for the writ petitioner, submits that the business of the Court did not permit the application to be disposed of withi n the aforesaid specified period and therefore, the interim order is not liable to be vacated on the ground of application of Article 226(3) of the Constitution of India. Dr. Ahmed, while not offering any argument on the applicability or oth erwise of Article 226(3) of the Constitution of India, submits that the entire m atter may be disposed of at an early date as indicated in the order dated 11.10. 10. The materials on record disclose that the instant application under A rticle 226(3) of the Constitution of India was listed for the first time on 16.9 .2011, after receipt of the copy of the application by the learned counsel for t he petitioner on 16.6.2011. This being the admitted position, by operation of Article 226(3) of the Constitution of India, the interim order stood vacated on expiry of period o f two weeks from 16.6.2011. Accordingly, it is ordered that the interim order st ood vacated on 30.6.2011. Misc. case stands disposed of.