DEEPAK SIBAL, DEEPAK MANCHANDA
Bawa Jaspreet Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Deepak Sibal, J. (Oral)
The present intra court appeal is directed against the order dated 16.04.2024 passed by a learned Single Judge of this Court through which notice in the appellant's writ petition has been issued and the matter is now posted for further proceedings on 13.08.2024.
2. A complaint dated 14.09.2023 was made to the Sub Divisional Officer (Civil), Kalka (for short - SDO) by the Chief Executive Officer, Haryana Waqf Board (for short - CEO) bringing to his notice illegal construction being made by the appellant on the property which, according to the CEO, was Haryana Waqf Board's property. Acting on such complaint, the SDO passed an order dated 15.01.2024 directing Tehsildar, Kalka to correct the revenue record on which the appellant relied upon to justify the construction being made by him.
3. Order dated 15.01.2024 was challenged by the appellant through filing of a writ petition which came up for hearing before a learned Single Judge of this Court on 16.04.2024, on which date, after recording the submissions made on behalf of the appellant, the learned Single Judge issued notice and posted the matter for further proceedings on 13.08.2024. The interim o
Intra court appeals under Clause X of the Letters Patent are not maintainable against interim orders that do not finally decide any issues in controversy.
Writ appeals against interlocutory orders are not maintainable unless such orders constitute a 'judgment' under Letters Patent, determining rights or effects in the main case.
Interlocutory orders do not constitute 'judgments' under Clause 15 of the Letters Patent, and appeals against them are not maintainable.
Interlocutory orders may not be appealed unless they qualify as 'judgments' under relevant legal standards, confirming the significant procedural limitations on appeals in such contexts.
A writ petition pursuing parallel remedies under the Insolvency and Bankruptcy Code is impermissible and affects parties' rights; interim orders must determine substantial issues.
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