The High Court Special Appeal Bench dismissed an appeal challenging only a review order that upheld a disposal of a writ petition, noting the absence of challenge to the original order.
Special Appeal No. 441 of 2006 is dismissed.
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Court No. - 2
Case :- SPECIAL APPEAL No. - 441 of 2006
Appellant :- Daya Shanker Singh S/S 159/2006 Respondent :- State Of U.P. Thru Secy. Madhyamik Shiksha And 4 Ors. Counsel for Appellant :- Arjun Singh Counsel for Respondent :- C.Sc..
Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Saurabh Srivastava,J.
This special appeal filed under Chapter VIII Rule-5 of the High Court Rules challenges an order dated 26th April, 2006 passed in Review Petition.
Learned Single Judge while passing the order under challenge has opined that there are no grounds on which the orders passed in the writ petition can be reviewed. The learned Single Judge has further observed that the appellantpetitioner if he is aggrieved he may file a special appeal.
However, this special appeal does not challenge the order passed originally in the writ petition; rather it challenges the order passed in review alone.
Accordingly, in view of absence/challenge to the order passed originally in writ petition, this special appeal is hereby dismissed .
Order Date :- 6.12.2022 RS
Digitally signed by RAKESH SINGH Date: 2022.12.07 14:14:38 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether a special appeal challenging only a review order without the original writ petition order is maintainable.
Daya Shanker Singh
State Of U.P.
Devendra Kumar Upadhyaya
Saurabh Srivastava
As recorded by the court registry
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