PDP FARAD CONTINUATION SHEET APPELLATE SIDE CIVIL APPLICATION NO. 1291 OF 2009 IN CIVIL WRIT PETITION NO. 6337 OF 2003 ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda Court's or Judge's orders of Coram, appearance, Court's orders or directions and Registrar's orders ------------------------------------------------------------------------------------------------------- Mr. Anil Singh, Spl. Counsel with Mr.A.D. Kango and Mr. D.A. Dube for applicant. Mr. Rahul Walia for respondent no.1. CORAM: B.H.MARLAPALLE &. SMT. ROSHAN DALVI,JJ. August 20, 2009. P.C. Writ Petition No. 6337 of 2003 was admitted by us on 11/11/2003 and the impugned order passed by the Tribunal was stayed. However, the petition came to be dismissed in default in view of the conditional order dated 18/3/2006. It was restored as per the order dated 22/4/2009. By this application, the applicants are praying for the stay to the impugned order to be continued. Our attention has been invited, in addition to the judgments cited by the Tribunal, to the judgment in the case of Dev Dutt vs. Union of India and ors. [(2008) 8 SCC 725] and also the order passed by a three Judge Bench of the Supreme Court on 22/10/2008 in the case of Abhijit Ghosh Dastidar vs. Union of India and ors. and it has been submitted by Mr. Walia that based on these judgments, the main petition itself is required to be dismissed. We are, therefore, satisfied that the prayer made in this application is devoid of merits and hence the application is rejected. Let the petition be added in the final hearing board in due course. (SMT. ROSHAN DALVI,J.) (B.H.MARLAPALLE,J.)