HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 976 of 2026 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE ARUN KUMAR, J. 1. This appeal is directed against order dated 23.07.2026 passed in Writ C No. 28223 of 2026 whereby the learned Single Judge came to the conclusion that the matter requires consideration and called for counter affidavit, however, did not pass any order on the stay application and ordered for listing of the matter in the cause list on 08.09.2026. 2. Counsel for the appellant on the strength of judgement in Ashutosh Shrotiya & Ors. Vs. Vice-Chancellor, Dr. B. R. Ambedkar University & Ors. passed in Special Appeal No. 1140 of 2008 attempted to make submissions that though the appeal has been filed in view of the fact that no order has been passed on the stay application, the appeal would be maintainable. 3. Counsel for the respondents contested the submissions. It is submitted that the order impugned before the learned Single Judge is the order passed in revision petition and once, the order has been passed in the said writ petition, the appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 would not be maintainable and merely because interim order has not been granted, in such circumstances, the appeal cannot be maintained. 4. Having considered the submissions made, we are of the opinion that when admittedly against the final order to be passed in the writ petition, the appeal is not maintainable, on account of non passing of any order on the stay application by learned Single Judge in such nature writ petition, Versus Counsel for Appellant(s) : Arpit Agarwal, Prem Sagar Verma Counsel for Respondent(s) : A.K. Goyal, A.C.S.C., Sunil Kumar Rachit Kulshreshtha .....Appellant(s) State of U.P. and 6 others .....Respondent(s) the appeal cannot be maintained. 5. The appellant has to press the stay application before the learned Single Judge where the matter is listed today i.e. 08.09.2026 and it is expected of the learned Single Judge to pass an appropriate order on the stay application. 6. Consequently, the appeal stands disposed of. September 8, 2026 Sandeep/Ashok SPLA No. 976 of 2026 2 (Arun Kumar,J.) (Arun Bhansali,CJ.) Digitally signed by :- SANDEEP KUMAR High Court of Judicature at Allahabad