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Allahabad High Court

RAM KUMARversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The appeal is not maintainable and is dismissed.

Summary

The appellant Ram Kumar filed a special appeal against an interlocutory order dated 22 July 2026 issued in Writ-A No.10614 of 2026. The court examined the preliminary objection raised by the respondents and found it to be valid. Consequently, the appeal was held to be not maintainable as it challenged an interlocutory order. The court dismissed the appeal without awarding costs. The judgment was delivered by Justices Saumitra Dayal Singh and Swarupama Chaturvedi on 8 September 2026.

Issues considered

  • Whether a special appeal is maintainable against an interlocutory order passed in a writ proceeding

Subjects

  • interlocutory order
  • maintainability
  • special appeal
  • writ petition
  • high court

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                         SPECIAL APPEAL No. - 1009 of 2026

                                    Ram Kumar
                                                                                              .....Appellant(s)
                                                                      Versus

                                    State Of U.P. And 5 Others
                                                                                             .....Respondent(s)

                                    Counsel for Appellant(s)        : Anil Kumar, Ashok Kumar Upadhyay
                                    Counsel for Respondent(s)       : C.S.C.

                                    Court No. - 39
                                                     HON'BLE SAUMITRA DAYAL SINGH, J.
                                                     HON'BLE SWARUPAMA CHATURVEDI, J.

                                    1. Having heard Sri Ashok Kumar Upadhyay, learned counsel for the
                                    original petitioner-appellant, Sri Arimardan Singh Rajpoot, learned
                                    Additional Chief Standing Counsel for the State-respondents and having
                                    perused the record, the preliminary objection is sustained.

                                    2. The instant appeal, filed against the interlocutory order dated
                                    22.07.2026 passed in Writ-A No.10614 of 2026, is not maintainable.

                                    3. Accordingly, the present appeal stands dismissed. No order as to costs.



                                                   (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)
                                    September 8, 2026
                                    Anurag/-




Digitally signed by :-
ANURAG JAISWAL
High Court of Judicature at Allahabad


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