7. Mr. Drauna Kaushik has further submitted that the petitioner is working under the interim order of the Court for fairly a long time. It is settled legal proposition that a party does not get any legal right by interim order. The Court has stayed the operation of the impugned order which was not maintainable and the petitioner cannot take benefit out of his own mistake by filing such a frivolous and meaningless petition as has been held by the Hon'ble Apex Court in G.S. Lamba and Ors. v. Union of India and Ors. ; and T. Srinivasan v. T. Veerakuani (1998) 3 SCC 112.
7. Mr. Drauna Kaushik has further submitted that the petitioner is working under the interim order of the Court for fairly a long time. It is settled legal proposition that a party does not get any legal right by interim order. The Court has stayed the operation of the impugned order which was not maintainable and the petitioner cannot take benefit out of his own mistake by filing such a frivolous and meaningless petition as has been held by the Hon'ble Apex Court in G.S. Lamba and Ors. v. Union of India and Ors. ; and T. Srinivasan v. T. Veerakuani (1998) 3 SCC 112.
8. Further, it is settled law that no litigant can derive any benefit from mere pendency of case in a Court of law as the interim order always merges in the final order to be passed in the case and if the writ petition is ultimately dismissed, the interim order stands nullified automatically. A party cannot be allowed to take benefit of his own wrongs by getting interim order and thereafter blaming the Court. The fact that the writ is found, ultimately, devoid of any merit, shows that a frivolous writ petition had been filed. The maxim Actus Curie neminem gravabit is applicable in such a case, which means that the act of the Court shall prejudice no one. In such a situation, the Court is under an obligation to undo the wrong done to a party by the act of the Court. Thus, any undeserved or unfair advantage gained by a party invoking the jurisdiction of the Court must be neutralised as institution of litigation cannot be permitted to confer any advantage on a suitor from delayed action by the act of the Court. (Vide Grindleys Bank Ltd. v. Income Tax Commissioner , Ram Kishan Verma v. State of U.P. ; Dr. A.K. Sircar v. State of U.P. and Ors. 1993 (Suppl) 2 SCC 734; Shiv Shanker and Ors. v. Board of Directors, U.P. State Road Transport Corporation and Anr. 1995 (Suppl) 2 SCC 726; Kannoriya Chemicals & Industries Ltd. v. U.P. State Electricity Board ; Ugam Singh v. State of Rajasthan and Ors. 1997(3) RLW 1517; the Committee of Management, Arya Inter College v. Shree Kumar Tiwari ; and G.T.C. Industries Ltd. v. Union of India and Ors. view has been reiterated by the Hon'ble Supreme Court in State of Madhya Pradesh v. M.V. Vaishvaraiya ; and Style (Dressland) v. Union Territory of Chandigarh and Anr.
8. Further, it is settled law that no litigant can derive any benefit from mere pendency of case in a Court of law as the interim order always merges in the final order to be passed in the case and if the writ petition is ultimately dismissed, the interim order stands nullified automatically. A party cannot be allowed to take benefit of his own wrongs by getting interim order and thereafter blaming the Court. The fact that the writ is found, ultimately, devoid of any merit, shows that a frivolous writ petition had been filed. The maxim Actus Curie neminem gravabit is applicable in such a case, which means that the act of the Court shall prejudice no one. In such a situation, the Court is under an obligation to undo the wrong done to a party by the act of the Court. Thus, any undeserved or unfair advantage gained by a party invoking the jurisdiction of the Court must be neutralised as institution of litigation cannot be permitted to confer any advantage on a suitor from delayed action by the act of the Court. (Vide Grindleys Bank Ltd. v. Income Tax Commissioner , Ram Kishan Verma v. State of U.P. ; Dr. A.K. Sircar v. State of U.P. and Ors. 1993 (Suppl) 2 SCC 734; Shiv Shanker and Ors. v. Board of Directors, U.P. State Road Transport Corporation and Anr. 1995 (Suppl) 2 SCC 726; Kannoriya Chemicals & Industries Ltd. v. U.P. State Electricity Board ; Ugam Singh v. State of Rajasthan and Ors. 1997(3) RLW 1517; the Committee of Management, Arya Inter College v. Shree Kumar Tiwari ; and G.T.C. Industries Ltd. v. Union of India and Ors. view has been reiterated by the Hon'ble Supreme Court in State of Madhya Pradesh v. M.V. Vaishvaraiya ; and Style (Dressland) v. Union Territory of Chandigarh and Anr.
8. Further, it is settled law that no litigant can derive any benefit from mere pendency of case in a Court of law as the interim order always merges in the final order to be passed in the case and if the writ petition is ultimately dismissed, the interim order stands nullified automatically. A party cannot be allowed to take benefit of his own wrongs by getting interim order and thereafter blaming the Court. The fact that the writ is found, ultimately, devoid of any merit, shows that a frivolous writ petition had been filed. The maxim Actus Curie neminem gravabit is applicable in such a case, which means that the act of the Court shall prejudice no one. In such a situation, the Court is under an obligation to undo the wrong done to a party by the act of the Court. Thus, any undeserved or unfair advantage gained by a party invoking the jurisdiction of the Court must be neutralised as institution of litigation cannot be permitted to confer any advantage on a suitor from delayed action by the act of the Court. (Vide Grindleys Bank Ltd. v. Income Tax Commissioner , Ram Kishan Verma v. State of U.P. ; Dr. A.K. Sircar v. State of U.P. and Ors. 1993 (Suppl) 2 SCC 734; Shiv Shanker and Ors. v. Board of Directors, U.P. State Road Transport Corporation and Anr. 1995 (Suppl) 2 SCC 726; Kannoriya Chemicals & Industries Ltd. v. U.P. State Electricity Board ; Ugam Singh v. State of Rajasthan and Ors. 1997(3) RLW 1517; the Committee of Management, Arya Inter College v. Shree Kumar Tiwari ; and G.T.C. Industries Ltd. v. Union of India and Ors. view has been reiterated by the Hon'ble Supreme Court in State of Madhya Pradesh v. M.V. Vaishvaraiya ; and Style (Dressland) v. Union Territory of Chandigarh and Anr.
8. Further, it is settled law that no litigant can derive any benefit from mere pendency of case in a Court of law as the interim order always merges in the final order to be passed in the case and if the writ petition is ultimately dismissed, the interim order stands nullified automatically. A party cannot be allowed to take benefit of his own wrongs by getting interim order and thereafter blaming the Court. The fact that the writ is found, ultimately, devoid of any merit, shows that a frivolous writ petition had been filed. The maxim Actus Curie neminem gravabit is applicable in such a case, which means that the act of the Court shall prejudice no one. In such a situation, the Court is under an obligation to undo the wrong done to a party by the act of the Court. Thus, any undeserved or unfair advantage gained by a party invoking the jurisdiction of the Court must be neutralised as institution of litigation cannot be permitted to confer any advantage on a suitor from delayed action by the act of the Court. (Vide Grindleys Bank Ltd. v. Income Tax Commissioner , Ram Kishan Verma v. State of U.P. ; Dr. A.K. Sircar v. State of U.P. and Ors. 1993 (Suppl) 2 SCC 734; Shiv Shanker and Ors. v. Board of Directors, U.P. State Road Transport Corporation and Anr. 1995 (Suppl) 2 SCC 726; Kannoriya Chemicals & Industries Ltd. v. U.P. State Electricity Board ; Ugam Singh v. State of Rajasthan and Ors. 1997(3) RLW 1517; the Committee of Management, Arya Inter College v. Shree Kumar Tiwari ; and G.T.C. Industries Ltd. v. Union of India and Ors. view has been reiterated by the Hon'ble Supreme Court in State of Madhya Pradesh v. M.V. Vaishvaraiya ; and Style (Dressland) v. Union Territory of Chandigarh and Anr.
8. Further, it is settled law that no litigant can derive any benefit from mere pendency of case in a Court of law as the interim order always merges in the final order to be passed in the case and if the writ petition is ultimately dismissed, the interim order stands nullified automatically. A party cannot be allowed to take benefit of his own wrongs by getting interim order and thereafter blaming the Court. The fact that the writ is found, ultimately, devoid of any merit, shows that a frivolous writ petition had been filed. The maxim Actus Curie neminem gravabit is applicable in such a case, which means that the act of the Court shall prejudice no one. In such a situation, the Court is under an obligation to undo the wrong done to a party by the act of the Court. Thus, any undeserved or unfair advantage gained by a party invoking the jurisdiction of the Court must be neutralised as institution of litigation cannot be permitted to confer any advantage on a suitor from delayed action by the act of the Court. (Vide Grindleys Bank Ltd. v. Income Tax Commissioner , Ram Kishan Verma v. State of U.P. ; Dr. A.K. Sircar v. State of U.P. and Ors. 1993 (Suppl) 2 SCC 734; Shiv Shanker and Ors. v. Board of Directors, U.P. State Road Transport Corporation and Anr. 1995 (Suppl) 2 SCC 726; Kannoriya Chemicals & Industries Ltd. v. U.P. State Electricity Board ; Ugam Singh v. State of Rajasthan and Ors. 1997(3) RLW 1517; the Committee of Management, Arya Inter College v. Shree Kumar Tiwari ; and G.T.C. Industries Ltd. v. Union of India and Ors. view has been reiterated by the Hon'ble Supreme Court in State of Madhya Pradesh v. M.V. Vaishvaraiya ; and Style (Dressland) v. Union Territory of Chandigarh and Anr.