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Allahabad High Court

HARI OM SINGHversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court held that the special appeal is not maintainable and dismissed it.

Summary

The appellant, Hari Om Singh, filed a special appeal (No. 1117 of 2026) challenging the order dated 27 July 2026 passed in Writ A No. 10879 of 2026. The appeal sought relief against the said order. The Court examined whether the special appeal was maintainable under the applicable procedural law. It concluded that the appeal was not maintainable and therefore had no merit. Consequently, the appeal was dismissed without any order as to costs, though the Court permitted the petitioner to approach a Single Judge for an early hearing of a stay application under a separate order dated 21 August 2025.

Issues considered

  • Whether the special appeal filed by the appellant is maintainable

Subjects

  • maintainability
  • special appeal
  • writ jurisdiction
  • dismissal
  • costs

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                      SPECIAL APPEAL No. - 1117 of 2026

                                    Hari Om Singh
                                                                                                  .....Appellant(s)
                                                                       Versus
                                    State Of U.P. And 3 Others
                                                                                                .....Respondent(s)

                                    Counsel for Appellant(s)            :   Sadashiv Tripathi, Vinod Kumar
                                    Counsel for Respondent(s)           :   C.S.C.

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

                                    1. Having heard Shri Vinod Kumar, learned counsel for the original
                                    petitioner/appellant and Sri Arimardan Singh Rajpoot, learned Additional
                                    Chief Standing Counsel for the State.

                                    2. We find that the appeal filed against order dated 27.07.2026 passed in
                                    Writ A No. 10879 of 2026 (Hari Om Singh versus State of U.P. and 3
                                    Others) is not maintainable.

                                    3. Accordingly, we find no merit in the appeal and it is dismissed. No order
                                    as to costs.

                                    4. We leave it open to the petitioner to apply before the learned Single Judge
                                    for early hearing of the Stay Application amongst others on the strength of
                                    the order dated 21.08.2025 passed in Writ A No. 1091 of 2025.

                                    September 30,
                                    2026
                                    Shweta        (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)




Digitally signed by :-
SWETA YADAV
High Court of Judicature at Allahabad


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