1987 (8) TMI 434

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....behalf of the State Government or by other respondents in the writ petition, should be given by the Bench. If an interim injunction is so vacated, then to quote the words of the learned counsel, "the Judge steps into the shoes of the Government Pleader". We are not taking a very serious note of the manner in which the contention is advanced, having regard to the fact that the counsel does not appear to have sufficient experience of arguing matters in this Court. It is rather astounding that it should be argued that the power of the court to vary, modify, confirm or set aside an interim order must depend upon whether a counter has been filed or not. There may be any number of matters in which it could be demonstrated by the other side ....

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....ppreciate the contention that where an interim order is made by one learned judge another learned judge cannot vacate that order. Appropriate order in any matter can be made by the learned judge who is at the material time dealing with that matter. It is also impossible to accept the submission of the learned counsel that the order of the State Government dated 22nd December, 1982 has conferred permanent benefit on the petitioners or its members by way of relieving them of any tax liability. This contention is based on a total misconception about the effect of the order dated 22nd December, 1982. That order is made on representations made to the Government with regard to continuing the exemption originally granted and had been withdrawn.....