M/S Divyanshu Trading Company ... vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 22352 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 312 of 2022
 

 
Appellant :- M/S Divyanshu Trading Company Thru. Prop. Rakesh Kumar
 
Respondent :- State Of U.P. Thru. Prin. Secy. Agriculture Deptt. U.P. Civil Secrett. Lko. And 3 Others
 
Counsel for Appellant :- Awadhesh Kumar Tiwari
 
Counsel for Respondent :- C.S.C.,Naresh Chandra Mehrotra
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Saurabh Lavania,J.

(C.M.Application No.1 of 2022)

Having regard to the averments made in the affidavit filed in support of the application seeking condonation of delay in filing the special appeal, we are satisfied that the delay has sufficiently been explained.

Accordingly, the application is allowed and delay in preferring the special appeal is hereby condoned.

(Order on memo of Appeal)

Heard learned counsel for appellant, learned State Counsel for the State-respondents and Sri N.C.Mehrotra, learned counsel for Krishi Utpadan Mandi Parishad.

This appeal filed under Chapter VIII Rule 5 of the Rules of the Court seeks to challenge an order dated 12.10.2022 passed by learned Single Judge in Writ-C No.2187 of 2020 dismissing the writ petition filed by the appellant.

It is to be noticed that learned Single Judge while passing the order under appeal before us exercised his jurisdiction under Article 226 of the Constitution of India in respect of an order dated 26.12.2019 passed by the Director, Krishi Utpadan Mandi Parishad, U.P. Lucknow in an appeal preferred under Section 25 of U.P. Krishi Utpadan Mandi Adhiniyam, 1964.

The special appeal against an order passed by learned Single Judge where he exercises his jurisdiction under Article 226 of the Constitution of India in respect of an order passed by the appellate authority created under some State enactment, is not maintainable. In this regard, we may refer to the judgment rendered by Full Bench of this Court in the case of Sheet Gupta vs. State of U.P and others, reported in 2010 (28) LCD 1045.

In view of the aforesaid, the special appeal being devoid of merit is hereby dismissed.

Order Date :- 21.12.2022

Renu/-