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Allahabad High Court

ALKA RAOversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The petition is dismissed as not pressed, with liberty to file an intervention in the pending special appeal.

Summary

The petitioner, Alka Rao, challenged a transfer order issued by the State of Uttar Pradesh and five other respondents. The petitioner argued that the order was already being contested in Special Appeal No. 398 of 2026 (Saurabh Kumar Singh & 6 Others vs. State of U.P. & 5 Others) and therefore the writ petition was not maintainable. The court examined whether the pending special appeal rendered the writ petition “not pressed.” Finding that the issues were indeed covered in the special appeal, the court dismissed the writ petition as not pressed and allowed the petitioner liberty to file an intervention in the special appeal. No substantive examination of the transfer order’s merits was undertaken.

Issues considered

  • Whether the writ petition is maintainable when the same order is pending before a special appeal.
  • Whether the petitioner is entitled to intervene in the pending special appeal.

Subjects

  • writ petition
  • transfer order
  • not pressed
  • intervention
  • special appeal
  • maintainability

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                          WRIT - A No. - 15523 of 2026

                                    Alka Rao
                                                                                           .....Petitioner(s)
                                                                    Versus

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

                                    Counsel for Petitioner(s)     : Rajiv Kumar Singh, Satyendra Tripathi
                                    Counsel for Respondent(s)     : C.S.C., Shresth Pratap Singh

                                    Court No. - 52
                                                 HON'BLE MRS. MANJU RANI CHAUHAN, J.

                                    Heard learned counsel for the petitioner, Mr. Shresth Pratap Singh,
                                    learned counsel for the respondent-BSA, and learned Standing
                                    Counsel for the State.

                                    Learned counsel for the petitioner submits that the impugned transfer
                                    order has been passed in compliance with the order passed in Special
                                    Appeal No.398 of 2026 (Saurabh Kumar Singh and 6 Others vs.
                                    State of U.P. and 5 Others). He therefore prays that the petition be
                                    dismissed as not pressed, with liberty to file an intervention
                                    application in the said Special Appeal.

                                    Accordingly, the writ petition is dismissed as not pressed, with
                                    liberty as prayed.


                                                                             (Mrs. Manju Rani Chauhan,J.)
                                    September 24, 2026
                                    Rahul.




Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad


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