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2025 DAILYLAW 165416 (ALL)

RAGHVENDRA SINGH v. STATE OF U.P. THRU. PRIN. SECY. CO-OPERATIVE DEPTT. AND 5 OTHERS

SPLA/320/2025 · 2025-09-19

Prashant Kumar, Rajan Roy

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL No. - 320 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE PRASHANT KUMAR, J. 1. Heard Shri Manish Mani Sharma, learned counsel for the appellant, learned Standing Counsel for the State respondents and Shri Akhilesh Kumar Srivastava, Advocate whose Power on behalf of respondent no.6 is taken on record. 2. We have perused the order dated 13.08.2025 impugned herein in this appeal. It categorically mentions - "Learned counsel for the petitioner after arguing at some length states that the departmental inquiry may be directed to be finalized against the petitioner within a specified time." Such observations are made only when after arguing the matter the counsel for the petitioner gives up the challenge to the relief claimed and confines himself to the statement which is recorded in the impugned order. We fail to understand as to how once such statement was made before the writ court an appeal could be filed challenging the said order and the suspension order. The appeal is not maintainable as the order under challenge has been passed with the consent of the petitioner's counsel. 3. The appeal stands dismissed. September 19, 2025 Arnima Versus Counsel for Appellant(s) : Manish Mani Sharma Counsel for Respondent(s) : C.S.C., Syed Aftab Ahmad (Prashant Kumar,J.) (Rajan Roy,J.) Raghvendra Singh .....Appellant(s) State Of U.P. Thru. Prin. Secy. Co-Operative Deptt. And 5 Others .....Respondent(s) Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench