Allahabad High Court
Smt. Ekta Agarwal And Ors. vs Alindra Chandra And Ors. on 13 January, 2021
Bench: Devendra Kumar Upadhyaya, Mohd. Faiz Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 10
Case :- SPECIAL APPEAL No. - 233 of 2020
Appellant :- Smt. Ekta Agarwal And Ors.
Respondent :- Alindra Chandra And Ors.
Counsel for Appellant :- Abhay Kumar Srivastva
Counsel for Respondent :- C.S.C.
Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Mohd. Faiz Alam Khan,J.
Heard Sri Abhay Kumar Srivastava, learned counsel for the appellants and Sri V. P. Nag, learned counsel representing the State-respondents.
This intra-court appeal has been filed challenging the order dated 17.09.2020, passed by the learned Single Judge, whereby an order has been passed in Writ Petition No.7627(MS) of 2020 filed by the petitioners-appellants and certain directions have been issued.
The Writ Petition No.7627(MS) of 2020 has been filed by the petitioners-appellants challenging the order dated 03.03.2020, passed by the District Judge in Misc. Case No. 17 of 2020 and Misc. Case No. 18 of 2020 whereby objections raised by the petitioners-appellants in the execution proceedings which were initiated for execution of the release order passed by the Prescribed Authority under Section 21 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act, 1972'), have been rejected.
The facts of the case which are undisputed, are that in certain proceedings drawn under Section 21 of the Act, 1972, the Prescribed Authority had passed release order on 18.12.2013. The Writ Petition No.31167(MS) of 2019 was filed by the respondent No.1-Alindra Chandra, which was disposed of by this Court with certain directions on 05.12.2019. The petitioners had also filed a Writ Petition bearing No. 36910(MS) of 2019, which was also disposed of with certain directions to the District Judge, vide order dated 25.12.2019. The order dated 03.03.2020 has, thus, been passed by the learned District Judge in compliance of the said order dated 25.12.2019, passed by this Court in Writ Petition No. 36910(MS) of 2019.
In fact, under the orders passed by this Court, the execution proceedings initiated under Section 23 of the Act, 1972 were proceeding before the District Judge, who after hearing the objections filed by the petitioners-appellants has rejected the same, vide order dated 03.03.2020, which is the subject matter of challenge before this Court in Writ Petition No.7627(MS) of 2020 wherein the order dated 17.09.2020 has been passed, which is under challenge here in.
The very maintainability of this Special Appeal challenging the order dated 03.03.2020, passed by the District Judge is at stake. For convenience, the provision of Chapter VIII Rule 5 of the Rules of Court, are quoted here under.
"5. Special appeal :- An appeal shall lie to the Court from a judgment (not being a judgment passed in the exercise of appellate jurisdiction) in respect of a decree or order made by a Court subject to the superintendence of the Court and not being an order made in the exercise of revisional jurisdiction or in the exercise of its power of superintendence or in the exercise of criminal jurisdiction [or in the exercise of the jurisdiction conferred by Article 226 or Article 227 of the Constitution in respect of any judgment, order or award--(a) of a tribunal, Court or statutory arbitrator made or purported to be made in the exercise or purported exercise of jurisdiction under any Uttar Pradesh Act or under any Central Act, with respect to any of the matters enumerated in the State List or the Concurrent List in the Seventh Schedule to the Constitution, or (b) of the Government or any officer or authority, made or purported to be made in the exercise or purported exercise of appellate or revisional jurisdiction under any such Act] of one Judge.]"
From a perusal of the afore-quoted provision of Chapter VIII Rule 5 of the Rules of the Court, it is abundantly clear that no Special Appeal is available against the judgment passed by the learned Single Judge of this Court in exercise of its jurisdiction under Article 226 of the Constitution of India in respect of any order or judgment or award of the Tribunal, Court or statutory arbitrator made or purported to be made in the exercise or purported exercise of jurisdiction under any Uttar Pradesh Act.
The order which has been challenged by the appellants before the learned Single Judge by filing Writ Petition No.7627(MS) of 2020 has been passed by the learned District Judge which is referable to Section 23 of the Act, 1972.
Accordingly, since the learned Single Judge while passing the order dated 17.09.2020 which is under challenge in Special Appeal has exercised his jurisdiction under Article 226 of the Constitution of India in respect of an order passed by the learned District Judge which is referable to Section 23 of the Act, 1972, which is a statutory legislation and thus U.P. Act., this Special Appeal is not maintainable.
For the reasons aforesaid, the Special Appeal is hereby dismissed.
Order Date :- 13.1.2021
Sanjay
