HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 861 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This appeal is directed against order dated 29.08.2025 passed by the learned Single Judge in Writ-C No. 29900 of 2025, whereby learned Single Judge on finding that the matter required consideration, issued notice to the appellant and other respondents other than the State which was represented by Standing Counsel and granted interim order. 2. Submissions have been made that order has been passed by learned Single Judge on respondents herein suppressing material facts from the learned Single Judge as reliance was placed on the order passed by the Supreme Court on 17.10.2023 in a Special Leave Petition, which Special Leave Petition had already been dismissed on 09.04.2025 and that against one of the orders dated 20.03.2025 appeal was pending before the Divisional Commissioner, Gorakhpur and, therefore, the interim order for the reasons indicated in the order could not have been granted. 3. Learned counsel for the respondents made submissions supporting the order inter alia indicating that the learned Single Judge has noted a part of the submission whereas it was the case of the respondents that during the pendency of interim order passed by the Supreme Court before dismissal of S.L.P., no order against the interest of the respondents could have been passed and, therefore, it cannot be said that the order has been obtained by suppressing any fact. Versus Counsel for Appellant(s) : Durga Tiwari Counsel for Respondent(s) : Jagdish Pathak (S.C.), Prashant Shukla, Mohd. Azam, Adarsh Shukla, Committee of Management Madarsa Asharfa Ahle Sunnat Anwarul Uloom and another .....Appellant(s) Nasruddin Ansari and 3 others .....Respondent(s) 4. Having considered the submissions made by learned counsel for the parties, we are of the opinion that once the order impugned dated 29.08.2025 is an ex parte order, wherein the appellant has been issued notice, the course open for the appellant is to approach the learned Single Judge by filing application under Article 226 (3) of Constitution of India seeking vacation of interim order passed, based on allegations sought to be made in the present appeal. 5. Filing of the appeal against the ex parte interim order, without approaching the learned Single Judge and seeking adjudication of the matter pending before the learned Single Judge, cannot be countenanced. 6. Consequently, the appeal is disposed of, leaving it open for the appellant to take appropriate proceedings in accordance with law. 7. It is expected that in case, application is moved by the appellant seeking vacation of interim order, the same would be heard with expedition by the learned Single Judge. September 24, 2025 RK/Sazia SPLA No. 861 of 2025 2 (Kshitij Shailendra,J.) (Arun Bhansali,CJ.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad