DEVENDRA KUMAR TRIPATHI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. , SECONDARY EDUCATION LKO. AND 5 OTHERS
SPLA/124/2025 · 2025-04-02
Attau Rahman Masoodi, Rajeev Singh
body2025
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[ 2025 DAILYLAW 131300 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 131300 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:18198-DB Court No. - 1 Case :- SPECIAL APPEAL No. - 124 of 2025 Appellant :- Devendra Kumar Tripathi Respondent :- State Of U.P. Thru. Addl. Chief Secy. , Secondary Education Lko. And 5 Others Counsel for Appellant :- Krishna Madhav Shukla Counsel for Respondent :- C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the appellant and learned counsel for the State.
2. This special appeal under Chapter VIII Rule V of the Allahabad High Court Rules is filed against the judgment and
order passed by the writ Court dated 05.03.2025, whereby the writ petition filed by the appellant has been dismissed with the observation that the appellant, in essence, seeks execution of the judgment and decree passed by the lower appellate court for which he has an efficacious remedy to institute execution proceedings before the competent Court.
3. In our humble consideration, the dismissal of the writ petition on the said ground does not warrant any interference under the appellate jurisdiction of this Court vested under Article 226 of the Constitution of India.
4. The Special Intra-Court appeal being misconceived is dismissed with the liberty as open under the impugned order. [Rajeev Singh, J.] [Attau Rahman Masoodi, J.]
Order Date :- 2.4.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench