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Judgment
6 paragraphs · 330 wordsManoj Kumar Tiwari, J
Present Special Appeal is filed by Divisional Forest Officer/Appellant challenging the impugned interim order dated 12.10.2023 passed in WPMS No. 2870 of 2023, whereby learned Single Judge stayed the effect and operation of eviction orders dated 30.09.2023 and 03.10.2023 passed by Prescribed Authority/Divisional Forest Officer, Dehradun under Section 61(A) of Indian Forest Act, 1927 as applicable in Uttarakhand.
As per provision contained in Chapter VIII Rule 5 of High Court Rules, Special Appeal would lie only against a judgment. Relevant provision of High Court Rules is extracted below:-
“Chapter VIII Rule 5. Special appeal :- An appeal shall lie to the Court from a judgment (not being a judgment passed in the exercise of appellate jurisdiction) in respect of a decree or order made by a Court subject to the superintendence of the Court and not being an order made in the exercise of revisional jurisdiction or in the exercise of its power of superintendence or in the exercise of criminal jurisdiction 66[or in the exercise of the jurisdiction conferred by Article 226 or Article 227 of the Constitution in respect of any judgment, order or award--(a) of a tribunal, Court or statutory arbitrator made or purported to be made in the exercise or purported exercise of jurisdiction under any Uttar Pradesh Act or under any Central Act, with respect to any of the matters enumerated in the State List or the Concurrent List in the Seventh Schedule to the Constitution, or (b) of the Government or any officer or authority, made or purported to be made in the exercise or purported exercise of appellate or revisional jurisdiction under any such Act of one Judge.”
Since order challenged in this appeal does not qualify to be a judgment, therefore, we refuse to interfere with the same.
Accordingly, present Special Appeal is dismissed, however, appellant shall be at liberty to make request before learned Single Judge for expeditious disposal of the writ petition.