Rashmi vs State Of U.P. Thru. Secy. Home ...
2022 Latest Caselaw 19756 ALL

Citation : 2022 Latest Caselaw 19756 ALL
Judgement Date : 3 December, 2022

Allahabad High Court

Rashmi vs State Of U.P. Thru. Secy. Home ... on 3 December, 2022

Bench: Devendra Kumar Upadhyaya, Saurabh Srivastava




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 
Case :- SPECIAL APPEAL DEFECTIVE No. - 258 of 2022
 
Appellant :- Rashmi
 
Respondent :- State Of U.P. Thru. Secy. Home Deptt. , Govt. Of U.P. Civil Secrt. Lko. And Others
 
Counsel for Appellant :- Manju Gupta
 
Counsel for Respondent :- C.S.C.,Shashank Dwivedi
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Saurabh Srivastava,J.

C.M. Application No.01 of 2022 - Application for Condonation of Delay.

Heard learned counsel for the appellant, learned State Counsel and Ms. Soma Pandey, learned counsel representing the respondent no.4.

Having regard the averments made in the application seeking condonation of delay, the Court is satisfied that delay has sufficiently been explained.

Accordingly, the application is allowed.

Delay in filing the special appeal is hereby condoned.

Order on Appeal

This special appeal challenges an order dated 31.05.2022 passed by learned Single Judge in Writ-C No.2186 of 2022.

The aforesaid writ petition was filed challenging an order dated 02.12.2021 passed by the Sub Divisional Officer, Lucknow in Case No.72 of 2020 under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Sub Divisional Officer had passed the order dated 02.12.2021 which was under challenge before the learned Single Judge in the writ petition as aforesaid in his capacity as a Tribunal created under the said enactment of 2007.

Admittedly, an intra-court appeal under Chapter VIII Rule 5 of the Rules of the Court is not maintainable against the judgement and order passed by learned Single Judge in exercise of jurisdiction under Article 226 of the Constitution of India in relation to the order passed by the Tribunal created under the State enactment.

Reference in this regard may be had to judgment of a Full Bench of this Court in Sheet Gupta Vs. State of U.P. and others, 2010 (28) LCD 1045 (FB).

In view of the aforesaid, the special appeal is not maintainable, which is hereby dismissed.

Order Date :- 3.12.2022

Rahul