State Of U.P. Thru Prin. Secy. ... vs Om Prakash Srivastava S/O Late ...
2023 Latest Caselaw 1507 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 2 of 2010
 

 
Appellant :- State Of U.P. Thru Prin. Secy. Revenues And Ors.
 
Respondent :- Om Prakash Srivastava S/O Late Sohan Lal S/S 6539/2004 
 
Counsel for Appellant :- Standing Counsel
 
Counsel for Respondent :- Ashok Ji Sharma,A.G. Sharma
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Anand Singh, learned Standing Counsel for the State.

By means of the present special appeal filed under Chapter VIII Rule 5 of the Allahabad High Court Rules, the appellants-State of U.P. has challenged the interim order dated 03.11.2004 which reads as follows:-

"Six weeks time is allowed to file counter affidavit, a week for rejoinder affidavit. List thereafter.

In the meantime, opposite parties are directed to permit the petitioner to discharge duty on the post of Seasonal Collection Amin."

The appellants have also challenged an order dated 04.09.2009 passed by an Hon'ble Single Judge directing the respondents to ensure that the petitioner is permitted to discharge duty on the post of Seasonal Collection Amin keeping in view the interim order dated 03.11.2004.

The aforesaid interim orders which do not fall within the purview of the expression 'Judgment' occurring in Chapter VIII Rule 5 of the Allahabad High Court Rules and, therefore, we are of the view that the special appeal filed against the interim orders is not maintainable.

The appellants may raise their grievance against the interim orders before the Hon'ble Single Judge in the writ petition, which is still pending.

The special appeal is, accordingly, dismissed.

(Subhash Vidyarthi, J.) (Ramesh Sinha, J.)

Order Date :- 13.1.2023

Pradeep/-