Court No. - 9 Case :- SPECIAL APPEAL DEFECTIVE No. - 651 of 2010 Petitioner :- Mahendra Yadav Respondent :- State Of U.P. & Others Petitioner Counsel :- R.L. Yadav Respondent Counsel :- C.S.C. Hon'ble Vijay Manohar Sahai,J.
Hon’ble Mrs. Jayashree Tiwari,J.
We have heard Shri R.L. Yadav, learned counsel for the appellant and learned
standing counsel appearing for respondents.
This intra-court appeal has been filed challenging the order of learned single
judge dated 16.4.2010. The petitioner has filed civil misc. writ petition
no.1630 of 2009 challenging the order dated 19.3.2008 passed by Assistant
Commissioner (Stamp), Mau by which stamp duty and penalty have been
imposed as well as revisional order passed by Commissioner, Azamgarh
division, Azamgarh dated 18.2.2009.
Since the appellant has challenged the revisional order in writ petition,
therefore, Special Appeal against the order passed by learned single judge is
not maintainable under Chapter VIII, Rule 5 of the Rules of the Court. The
law in this regard is settled by the full bench of this court in Sheet Gupta vs.
State of U.P and others 2010(1) UPLBEC (1), therefore, this appeal is
dismissed as not maintainable.
Order Date :- 20.7.2010
vs