Dulare And Another 2856 (M/S)2010 vs State Of U.P.Through Secy. … on 20 July, 2010

Chief Justice's Court

Case :- SPECIAL APPEAL DEFECTIVE No. - 479 of 2010

Petitioner :- Dulare And Another 2856 (M/S)2010
Respondent :- State Of U.P.Through Secy. Revenue Civil Sectt.
Lko.And
Petitioner Counsel :- Satya Prakash
Respondent Counsel :- C.S.C.,R.N.Gupta

Hon'ble Ferdino Inacio Rebello,Chief Justice
Hon'ble Devi Prasad Singh,J.

Considering the provisions of Chapter VIII Rule 5 of the
Allahabad High Court Rules, 1952, this special appeal would not
be maintainable. However, in view of the fact that the matter
before the concerned Authority was dismissed in default and the
learned Single Judge also affirmed the said order, it will be open to
the appellants herein to move an application before the learned
Single Judge for hearing the petition on merit. In case such an
application is moved, the learned counsel for the appellants may
request the learned Judge to consider the petition on merit.

The appeal stands dismissed with the observation aforesaid.

(Devi Prasad Singh, J.) (F.I. Rebello, C.J.)

Order Date :- 20.7.2010
AHA