Maan Singh vs State Of U.P. Thru. Prin. Secy., Deptt. ...
2024 Latest Caselaw 17901 ALL

Citation : 2024 Latest Caselaw 17901 ALL
Judgement Date : 17 May, 2024

Allahabad High Court

Maan Singh vs State Of U.P. Thru. Prin. Secy., Deptt. ... on 17 May, 2024

Author: Rajan Roy

Bench: Rajan Roy





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:37853-DB
 
Court No. - 2
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 279 of 2024
 
Appellant :- Maan Singh
 
Respondent :- State Of U.P. Thru. Prin. Secy., Deptt. Of Revenue , Lucknow And 8 Others
 
Counsel for Appellant :- Praveen Kumar Tripathi
 
Counsel for Respondent :- C.S.C.,Pankaj Gupta
 

 
Hon'ble Rajan Roy,J.

Hon'ble Om Prakash Shukla,J.

[C.M. Application No.1 of 2024 : Application for Condonation of Delay]

1. Heard.

2. Cause shown in the affidavit of application for condonation of delay is sufficient.

3. Accordingly, instant application for condonation of delay is allowed and delay in filing the appeal is hereby condoned.

[order on appeal]

4. This intra-Court appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 (hereinafter referred to as "Rules, 1952") has been filed challenging the judgment dated 05.12.2023 passed by the learned Single Judge in Writ-C No.10468 of 2023.

5. The writ petition under Article 226 of the Constitution of India was filed by the petitioner challenging an order dated 08.11.2023 passed by the Commissioner, Division Prayagraj, Prayagraj in suit No.1643 of 2023 : Man Singh vs. State of U.P. and others in exercise of his revisional powers under Section 210 of the U.P. Revenue Code, 2006 (hereinafter referred to as "Code, 2006"). The said revision arose out of proceedings under Section 30 of the Code, 2006.

6. The special appeal arising out of writ petition which in turn arose out of exercise of such revisional powers by a statutory authority is excluded from the purview of Chapter VIII Rule 5 of Rules, 1952, meaning thereby such appeal is not maintainable.

7. It is dismissed as not maintainable.

[Om Prakash Shukla, J.] [Rajan Roy, J.]

Order Date :- 17.5.2024

Shubhankar