Appellate order remains operative absent a stay, requiring departmental compliance and issuance of the consequential licence.

An appellate authority's order continues to operate unless it is stayed by the higher forum, and the mere filing or pendency of an appeal does not suspend its effect. In the absence of any stay order, departmental authorities are bound by judicial discipline to comply with the appellate order and extend the consequential benefit, including issuance of the licence. The document states that the authorities were therefore required to act in accordance with the operative appellate decision until it was set aside or stayed.

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Issues: Whether the departmental authorities were bound to comply with the appellate authority's order granting the requested benefit and licence in the absence of any stay order, notwithstanding the pendency of an appeal.

Analysis: The appellate authority's order remained operative unless stayed by the higher forum. Mere filing or pendency of an appeal did not suspend its effect. In the absence of any stay from the appellate forum, the departmental authorities were required, in observance of judicial discipline, to act in accordance with the appellate order and grant the consequential licence.

Conclusion: The issue was answered in favour of the petitioners. The respondents were directed to comply with the appellate authority's order and issue the licence if no stay had been obtained.

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