Court No. - 34
Case :- SPECIAL APPEAL No. - 1203 of 2019 Appellant :- Ramesh Chandra Agarwal Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- Raj Mohan Saggi Counsel for Respondent :- C.S.C.,Shashwat Kishore Chaturvedi
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sri R.M. Saggi, learned counsel for petitioner, learned Standing Counsel for Respondents-1 to 3, Sri P.S. Sisodia, Advocate for Respondent-4 and Sri Ashok Mehta, learned Senior Advocate assisted by Sri S.K. Chaturvedi, Advocate for Respondent-5.
2. This intra-Court appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 has arisen from order dated 19.11.2019, in so far as in the last paragraph of order learned Single Judge has said as under:
"It is made clear that one Jugal Kishor Dalmia is the President of the Society and the parties are directed not to interfere with functioning of President of the Society."
3. Entire order refers to contention of parties and thereafter Court has given time to parties to complete pleadings and to that extent order is not appealable but in the last paragraph Court has said that parties shall not interfere in the functioning of one Jugal Kishor Dalmia as President of Society though Sri Dalmia is neither petitioner nor respondent before writ Court and there is no relief sought in respect of Sri Dalmia. This part of order is beyond the scope of writ petition and having final touch in the matter, to this extent, appeal is maintainable.
4. When questioned, learned counsel appearing for respondents could not dispute that Sri Dalmia is not party in writ petition and no relief was sought against him. Therefore, in our view, last paragraph of order, as noted above, was not required to be passed and there was no occasion for learned Single Judge to pass this part of order.
5. In the result, appeal is partly allowed. Impugned order dated 19.11.2019 is modified to the extent that last paragraph of order is hereby quashed.
Order Date :- 28.11.2019 AK