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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SHEKHAR B.SARAF, PRAVEEN KUMAR GIRI
Kesar Singh – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. delay in filing appeal was condoned. (Para 1 , 2 , 3) |
| 2. the essence of the appeal was its maintainability. (Para 4 , 11 , 18) |
| 3. contrasting views on the withdrawal of a pil and its implications. (Para 6 , 7 , 8 , 10 , 20) |
| 4. the appeal was dismissed for lack of maintainability. (Para 19 , 23 , 24) |
JUDGMENT :
Shekhar B. Saraf, J.
Order on Delay Condonation Application
1. Heard Mr. Shri Krishna Mishra, learned counsel appearing on behalf of appellant and learned standing counsel appearing on behalf of State.
2. This special appeal is reported to be beyond time by 10 days.
3. We have perused the delay condonation application and the affidavit filed in support thereof. Cause shown is sufficient. Delay in filing the special appeal is condoned. Application stands allowed.
Order on Special Appeal
4. This special appeal has been filed against the order dated May 26, 2025 passed by learned Single Judge in Public Interest Litigation (P.I.L.) No.1375 of 2025.
5. The impugned order is a brief order and we are accordingly reproducing the same hereinbelow:
"When this matter has come up for admission, Mr. V.C. Srivastava, Advocate says that the petitioner may be permitted to withdraw this
Interlocutory orders in Public Interest Litigations do not constitute appealable judgments unless they significantly affect the rights of a party. Procedural orders are not appealable under Chapter V....
A procedural order calling for pleadings from parties does not constitute a judgment under Chapter VIII R.5 and is not appealable.
Point of Law : Order passed on an application for interim relief is ordinarily not a "judgment" but it will qualify to be called ''judgment' if it affects valuable right of the party or decides an im....
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An appeal against an interlocutory order is not maintainable if it does not decide the main issue in controversy, as established by the classification of interim orders.
Interlocutory orders are not appealable if they do not conclude pending proceedings.
Interlocutory orders are not subject to appeal if they do not conclusively determine rights or issues relevant to the main case.
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