Neutral Citation No. - 2025:AHC:12015-DB Court No. - 39 Case :- SPECIAL APPEAL No. - 1067 of 2024 Appellant :- State Of Up And 2 Others Respondent :- Ajeet Kumar Singh And 2 Others Counsel for Appellant :- C.S.C.,Ratan Deep Mishra,S.C. Counsel for Respondent :- Pradeep Singh Sengar Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. The instant special appeal has been filed against an interim order dated 31.05.2024 passed by learned Single Judge. 2. Learned counsel for the appellants-State submits that at the interim stage learned single judge had passed an order which had the effect of allowing the writ petition. 3. Sri Radha Kant Ojha, learned senior counsel assisted by Sri Anand Pandey, learned counsel for respondent no.1 submits that the impugned order which had been challenged in the Special Appeal was in the nature of an interim order and if the appellant was aggrieved, it could press its stay vacation application before the learned single judge. 4. Having heard the learned standing counsel for the appellant and the learned counsel for the respondent-writ petitioner, we are definitely of the view that in the Special Appeal jurisdiction, unless the order is absolutely perverse or without jurisdiction, we should not interfere. This we say specially when the appellant has filed its stay vacation application, which was accompanied by a counter affidavit. 5. In view of above, the special appeal is dismissed. 6. However, if the learned standing counsel who has filed this special appeal moves an application for the early hearing of the writ petition, the same shall be heard expeditiously preferably on 14.02.2025. Order Date :- 23.1.2025 Asha (Dr. Y. K. Srivastava, J.) (Siddhartha Varma,J.) Digitally signed by :- ASHA High Court of Judicature at Allahabad