Krishna Murari vs Laxmi Shankar Pandey And 9 Others
2013 Latest Caselaw 1922 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Chief Justice's Court
 
Case :- SPECIAL APPEAL No. - 738 of 2013
 
Petitioner :- Krishna Murari
 
Respondent :- Laxmi Shankar Pandey And 9 Others
 
Petitioner Counsel :- D.S.P. Singh,Sushma Devi
 
Respondent Counsel :- C.S.C.,Ashok Mehta
 

 
Hon'ble Shiva Kirti Singh,Chief Justice
 
Hon'ble Dilip Gupta,J.

Heard learned counsel for the appellant, learned Counsel for the State and learned counsel for the writ petitioner-respondent No.1 in respect of preliminary objection raised on behalf of the writ petitioner that this Special Appeal is not maintainable under Rule 5 of Chapter VIII of the Allahabad High Court Rules, 1952.

The issue as to whether the order of a learned Single Judge passed in exercise of jurisdiction under Article 226 or 227 of the Constitution in respect of any judgment or order passed by a Tribunal or Court in exercise of power under Section 12-C of the Uttar Pradesh Panchayat Raj Act, 1947, which is in respect of a matter enumerated in the State List is maintainable or not is no longer res-integra. This issue has already been decided earlier by a Division Bench judgment against the appellant holding that in such a situation Special Appeal is not maintainable. One such judgment is of a Division Bench in the case of M/s. Vajara Yojna Seed Farm, Kalyanpur & Ors., Vs. Presiding Officer, Labour Court II, U.P. Kanpur & Anr. reported in (2003) 1 UPLBEC 496.

We have also recently followed that judgment while dismissing Special Appeal No.697 of 2013 (Ram Lal Vs. State of U.P. & 19 Ors.,) on 7th May, 2013 and Special Appeal No.626 of 2013 (Akhilesh Tiwari Vs. State of U.P. & 4 Ors.,) on 24th April, 2013.

In view of aforesaid discussion, the Special Appeal is dismissed as not maintainable.

We have noticed that the order under appeal is an interim order and the matter is to be heard after filing of the counter affidavit by the appellant for which one month time was granted on 11th April, 2013. It goes without saying that the appellant, if so advised, may pray for taking up the matter on merits at an early date after he has filed the counter affidavit.

Order Date :- 10.5.2013/NSC