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2025 DAILYLAW 114595 (ALL)

KAMARJHAN v. STATE OF U.P. THRU. PRIN. SECY. (PANCHAYAT RAJ) AND 2 OTHERS

/4/2025 · 2025-01-09

Attau Rahman Masoodi, Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1517-DB Court No. - 1 Case :- SPECIAL APPEAL No. - 4 of 2025 Appellant :- Kamarjhan Respondent :- State Of U.P. Thru. Prin. Secy. (Panchayat Raj) And 2 Others Counsel for Appellant :- Pankaj Gupta Counsel for Respondent :- C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Pankaj Gupta, the learned counsel for the appellant, Sri Nishant Shukla, the learned Additional Chief Standing Counsel who has put in appearance on behalf of the state at the outset has raised a preliminary objection against the maintainability of the present intra court appeal on the ground that the writ petition instituted before the writ court has arisen out of a quasi judicial order passed by the District Magistrate in exercise of quasi judicial powers, thus, in view of law laid down by this court in the case of Shamim Vs. State of U.P. and others: AIR 2018 Alld. 196 the present special appeal would not be maintainable. 2. The learned counsel for the appellant concedes the position of law and has not been able to substantiate the maintainability of the present intra court appeal contrary to the submissions made by the learned Additional Chief Standing Counsel appearing on behalf of the State. 3. Accordingly, the intra court appeal is dismissed at the admission stage itself being not maintainable. [Subhash Vidyarthi, J.] [A.R. Masoodi, J.] Order Date :- 9.1.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench