Case :- SPECIAL APPEAL DEFECTIVE No. - 90 of…
<u>dismissed</u>
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Court No. - 2
Case :- SPECIAL APPEAL DEFECTIVE No. - 90 of 2023
Appellant :- Gokaran And Others Respondent :- Addl. Collector (Stamps) / Distt. Registrar (Registration Act) Gonda And Others Counsel for Appellant :- Praveen Tripathi,Shakti Krishna Chaube Counsel for Respondent :- C.S.C.,Suneel Kumar Singh Kalhans
Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Subhash Vidyarthi,J.
This special appeal under Chapter VIII Rule 5, Allahabad High Court Rules 1952 seeks to question the validity of an order dated 3.8.2022, passed by the learned Single Judge, whereby Writ-C No.1001965 of 2004, filed by the appellant-petitioners has been dismissed.
The special appeal against an order passed by the learned Single Judge in exercise of his jurisdiction under Article 226 of the Constitution of India in respect of an order passed by an authority or a Court or a Tribunal under some State or Central enactment is not maintainable in terms of the provisions contained in Chapter VIII Rule 5 of the Rules of the Court.
In view of the aforesaid, this special appeal is hereby dismissed being not maintainable for the reason that the learned Single Judge has passed the order under challenge before us in respect of an order passed by the Assistant Collector (Stamps) under the Stamp Act, which is a Central Act. However, notwithstanding dismissal of this special appeal, it will be open to the appellants to seek their remedy before any other Court or Forum, which may be available to them under Law.
(Subhash Vidyarthi, J.) (D.K. Upadhyaya, J.)
Order Date :- 23.2.2023 A.Nigam
Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench
Gokaran And Others
Addl. Collector (Stamps) / Distt. Registrar (Registration Act) Gonda And Others
Devendra Kumar Upadhyaya
Subhash Vidyarthi
As recorded by the court registry
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