Allahabad High Court
RACHIT KULSHRESHTHAversusSTATE OF U.P. AND 6 OTHERS
- Decided
Holding
An appeal against a final order in a writ petition is not maintainable unless the Single Judge first decides the stay application.
Summary
The appellant Rachit Kulshreshtha filed a special appeal against an order dated 23 July 2026 in which a Single Judge, while noting that a counter‑affidavit was required, failed to decide the appellant’s stay application and merely listed the matter for 8 September 2026. The appellant relied on the decision in Ashutosh Shrotiya v. Vice‑Chancellor, Dr. B.R. Ambedkar University (Special Appeal No. 1140 of 2008) to argue that the appeal was maintainable despite the pending stay order. The respondents contended that, under Chapter VIII Rule 5 of the Allahabad High Court Rules, an appeal against a final order of a writ petition is not maintainable unless the stay application is first decided. The Court held that because the Single Judge had not passed any order on the stay application, the appeal could not be entertained. Consequently, the Court directed the appellant to press the stay application before the Single Judge on the scheduled date and ordered the appeal to be disposed of. The judgment thus dismissed the appeal for lack of maintainability.
Issues considered
- Is an appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules maintainable when the Single Judge has not decided the stay application in the underlying writ petition?
- Must the appellant obtain a stay order before the appeal can be entertained?
Subjects
- Special Appeal
- Stay Application
- Maintainability of Appeal
- Writ Petition
- Allahabad High Court Rules
- Chapter VIII Rule 5
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
SPECIAL APPEAL No. - 976 of 2026
Rachit Kulshreshtha
.....Appellant(s)
Versus
State of U.P. and 6 others
.....Respondent(s)
Counsel for Appellant(s) : Arpit Agarwal, Prem Sagar Verma
Counsel for Respondent(s) : A.K. Goyal, A.C.S.C., Sunil Kumar
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,
SPLA No. 976 of 2026
2
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.
(Arun Kumar,J.) (Arun Bhansali,CJ.)
September 8, 2026
Sandeep/Ashok
Digitally signed by :-
SANDEEP KUMAR
High Court of Judicature at Allahabad
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