Court No. - 34

Case :- SPECIAL APPEAL No. - 218 of 2020

Appellant :- Ashik Ali

Respondent :- State Of U.P. Through Its Commissioner

Allahabad Division Allahabad U.P. And 6 Others

Counsel for Appellant :- Shachindra Kumar Mishra

Counsel for Respondent :- C.S.C.,Shamim Uddin Khan

Hon'ble Sudhir Agarwal,J.

Hon'ble Rajeev Misra,J.

1. Heard Sri S.K. Mishra, learned counsel for appellant and Sri

Shamim Uddin Khan, learned counsel for respondent-7 and

learned A.G.A. for State Authorities.

2. This intra Court appeal has arisen from an interim order dated

5.2.2020, passed by Single Judge of this Court in Writ-C No.

1990 of 2020 (Junaid Ahmad Vs. State of U.P. and 6 Others),

wherein order impugned in writ petition has been stayed and time

has been granted to respondents to file counter affidavit.

3. When questioned as to how an appeal is maintainable, since

under Chapter 8 Rule 5 of Allahabad High Court Rules, 1952

(hereinafter referred to as 'Rules, 1952'), an special appeal is

maintainable only against 'judgement' of learned Single Judge

and further vide order dated 5.2.2020, learned Single Jude has

only stayed operation of order dated 25.7.2019 and 6.1.2020,

Learned counsel for