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Judgment
6 paragraphs · 294 wordsS.K. Mishra, J
This intra-court appeal, under Chapter VIII Rule 5 of the Allahabad High Court Rules, is preferred against the judgment passed by the learned Single Judge in Writ Petition (M/S) No.1679 of 2019 dated 18.06.2019.
Chapter VIII Rule 5 of the Allahabad High Court Rules, as applicable to the State of Uttarakhand, reads as under:-
“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 [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.]
In view of the provisions of Chapter VIII Rule 5 of the Rules, we are of the opinion that this special appeal is not maintainable, and is, hereby, dismissed, as such.
Urgent certified copy of this order be issued to the learned counsel for the parties, as per Rules.