Court No. - 27 Case :- SPECIAL APPEAL No. - 428 of 2010 Petitioner :- Santosh Kumar Gupta ( S/S 3081/2010 ) Respondent :- State Of U.P. Thru Principal Secretary Rural Development Petitioner Counsel :- Himanshu Raghave Respondent Counsel :- C.S.C. Hon'ble Devi Prasad Singh,J.
Hon’ble Yogendra Kumar Sangal,J.
This Special Appeal under Chapter VIII, Rule 5 of the Allahabad High
Court Rules has been preferred against the order dated 18.05.2310
passed by Hon’ble Single Judge in Writ Petition No. 3081(S/S) of 2010
Santosh Kumar Gupta Vs. State of U.P. & others.
While entertaining the writ petition Hon’ble Single Judge has granted
four weeks’ time to file counter affidavit and two weeks’ time for filing
rejoinder affidavit. and directed to list the case in the month of July,
2010.
Submission of the learned counsel for the petitioner is that against the
order passed in the writ petition refusing to grant interim relief, Special
Appeal is maintainable. Petitioner’s counsel has relied upon the
judgement 2007(25)L.C.D. 133 A.S.(Degree College) Association Vs.
The Vice Chancellor & others (DB). In this case repeated request was
made for grant of interim relief and the court has not granted the interim
relief. In the present case Four weeks’ time was granted to file counter
affidavit and two weeks’ thereafter was allowed to file rejoinder affidavit.
It is not necessary that in every case court should pass an order on the
interim relief application. Granting of time to file counter affidavit does
not amount to final disposal of the application for interim relief. There
was an observation in the A.S. Degree College Case (supra) that
repeated request made for passing an interim relief on more than one
time and prayer for grant of interim relief was not considered by the
court and the matter is being kept pending but the facts of the present
case are different.
The facts and circumstances of the case seems entirely different than
the case of A.S.Degree College (Supra). Under Chapter VIII Rule 5 of
the High Court Rules, Special Appeal is maintainable against an order
passed by the Hon’ble Single Judge in original jurisdiction in case, the
order passed has trapping of finality.
However, it has been stated by the learned Sanding Counsel that the
case of A.S.Degree College has been referred to larger Bench. The
Special Appeal does not appears to be maintainable. Accordingly, the
Special Appeal is hereby dismissed as not maintainable.
However, Registrar (listing) is directed to list the writ petition No. 3081
(S/S) of 2010 on 7th July, 2010. We request to Hon’ble Single Judge to
decide the application for interim relief on the next date of listing.
Order Date :- 15.6.2010
Kaushal