KRISHNA MURARI Vs. LAXMI SHANKAR PANDEY

JUDGEMENT

(1.) Heard learned counsel for the appellant, learned Counsel for the State and learned counsel for the writ petitioner-respondent No.1 in respect of preliminary objection raised on behalf of the writ petitioner that this Special Appeal is not maintainable under Rule 5 of Chapter VIII of the Allahabad High Court Rules, 1952.

(2.) The issue as to whether the order of a learned Single Judge passed in exercise of jurisdiction under Article 226 or 227 of the Constitution in respect of any judgment or order passed by a Tribunal or Court in exercise of power under Section 12-C of the Uttar Pradesh Panchayat Raj Act, 1947, which is in respect of a matter enumerated in the State List is maintainable or not is no longer res-integra. This issue has already been decided earlier by a Division Bench judgment against the appellant holding that in such a situation Special Appeal is not maintainable. One such judgment is of a Division Bench in the case of M/s. Vajara Yojna Seed Farm, Kalyanpur & Ors., Vs. Presiding Officer, Labour Court II, U.P. Kanpur & Anr., 2003 1 UPLBEC 496.

(3.) We have also recently followed that judgment while dismissing Special Appeal No.697 of 2013 (Ram Lal Vs. State of U.P. & 19 Ors.,) on 7th May, 2013 and Special Appeal No.626 of 2013 (Akhilesh Tiwari Vs. State of U.P. & 4 Ors.,) on 24th April, 2013.