Court No. - 34
Case :- SPECIAL APPEAL No. - 1279 of 2019 Appellant :- Anilraj Kandel Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Vandeep Nath, Sourabh Pathak Counsel for Respondent :- C.S.C., Vimlendu Tripathi
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sri Sourabh Pathak, learned counsel for appellant, Sri Rahul Sripat, Advocate holding brief of Sri Vimlendu Pathak, learned counsel for respondent-3 and perused the material available on record.
2. This intra-Court appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 (hereinafter referred to as "Rules, 1952") has arisen from order dated 10.12.2019 whereby learned Single Judge while permitting respondents to file counter affidavit, rejecting application filed by petitioner- appellant for interim relief and thereagainst, this appeal has been filed.
3. Counsel for appellant contended that order rejecting grant of interim relief is an unreasoned order and, therefore, this intra- Court appeal is maintainable since it is a judgement. He has placed reliance on a Division Bench judgement of this Court in A.S. (Degree College) Association and another vs. The Vice Chancellor, C.C.S.U., Meerut and Others 2007 1 UPLBEC 533.
4. From a perusal of aforesaid judgement, we do not find therein that any issue was raised whether special appeal is maintainable or not and, therefore, on the question whether rejection of application for interim relief amounts to judgement so as to maintain this intra-Court appeal under Chapter VIII Rule 5 of Rules, 1952 which is permissible only against judgement, was not considered in said judgement. Hence, it is not a precedent on the question as to whether this intra-Court appeal against order in question is maintainable or not.
5. Even otherwise, we find that order dated 16.11.2019 passed by respondent-2 was challenged before learned Single Judge in writ petition. By the aforesaid order, respondent-2 Assistant Registrar, Societies and Chits Fund, Gorakhpur Mandal, Gorakhpur has approved a list of 25 members of General Body of Arya Vidya Prasar Samiti, Thuthibari, Maharajganj. Appellant sought stay of this order, meaning thereby, if stay is granted, entire General Body of Society would become non- functional. Moreover, even if order dated 16.11.2019, would have been stayed and ultimately writ petition is dismissed, the approved members of General Body of Society could not have been restored in respect of period already lapsed and to that extent, they would have suffered permanently. It is in these facts and circumstances, interim order was not justified in the case in hand, inasmuch as, one of the relevant considerations is that no irreparable loss should be caused to either side and in that view of the matter, learned Single Judge has rightly rejected the application for interim relief.
6. Appeal is accordingly rejected.
Order Date :- 20.12.2019 Siddhant Sahu