Court No. - 40
Case :- SPECIAL APPEAL No. - 902 of 2018 Appellant :- Bakheru Ram And 5 Ors Respondent :- State Of U.P. And 13 Ors Counsel for Appellant :- Ajay Kumar Singh Counsel for Respondent :- C.S.C.,Nisheeth Yadav
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Bachchoo Lal,J.
Heard Sri Ajay Kumar Singh, learned counsel for the appellants, Sri Nisheeth Yadav, learned counsel for the respondents.
A preliminary objection has been taken to the entertaining of the appeal. Ordinarily this court does not entertain any Special Appeal under Chapter -8 Rule -5 arising out of orders entertaining a writ petition and directing the parties to exchange the affidavits as was held by a Division Bench in the judgement of Ghisai Ram Krishak Vidyalaya Samiti Vs. State of U.P., 2014 (10) ADJ 211 (DB)(LB).
The matter came up for consideration before the full Bench in the case of Ashutosh Shrotriya and others Vs. Vice Chancellor, Dr. B.R.Ambedkar University and others, 2015 (8) ADJ 248 and the full Bench while approving the said Division Bench carved out an exception to the extent that the powers under Chapter -8 Rule -5 which are the same powers under Article 226 of the Constitution are unquestionable.
Consequently an appeal under Chapter -8 Rule -5 can still be entertained provided the circumstances so exist.
In the instant case, we do not find any such peculiar circumstance so as to entertain this appeal against the order dated 10th September 2018. It shall be open to the appellants to raise their grievance before the Single Judge before whom the matter is to be taken up as per the direction of the learned Single Judge.
Learned counsel for the appellants has invited attention of the court to a reasoned interim order of a learned Single Judge in a similar matter dated 14th September, 2018 in Writ Petition No. (S/B ) 25238 of 2018 at Lucknow and also the judgement of Apex Court in the case of Vishnu Traders Vs. State of Haryana, 1995 Supp (1) SCC 461 to urge that parity in matters of grant of interim order may be considered.
Learned counsel for the appellants may file a proper application before the learned Single Judge bringing the same to the notice of the court for consideration of passing any interim order or otherwise. The appeal stands disposed off accordingly.
Order Date :- 19.9.2018/Gss