KALAMUDDIN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Sajjad Husain, learned counsel for the petitioner, Shri V.P. Nag, the learned Standing counsel appearing for the State of U.P., Shri Puneet Chandra, the learned counsel appearing for Awas Vikas Parishad and Mohd. Altaf Mansoor, the learned counsel appearing for the opposite party Nos.6 & 7.

(2.) By means of the instant intra-Court Appeal filed under Chapter VIII Rule 5 of the Allahabad High Court Rules, the appellant, who has described himself as "Kalamuddin; popularly known as Shanu, S/o Nasiruddin- Incharge, Vidhan Sabha (East); Bhartiya Kisan Union (Avadh) Raju Gupta Sangathan, U.P. Lucknow, Regional Office529/17-C, Near State Bank, Khurram Nagar, Vikas Nagar, Lucknow226022" has challenged an interim order dtd. 26/11/2024 passed by an Hon'ble Single Judge of this Court in Writ C No.10189 of 2024, which order reads as follows:-

(3.) The learned counsel for the opposite parties have raised three fold preliminary objections against maintainability of the Special Appeal. The first preliminary objection is that the writ petition was filed challenging an interim order dtd. 30/9/2024 by which the opposite parties have been granted time to file counter affidavits and the petitioner has been granted time to file a rejoinder affidavit and the operation of a ceiling / demolition order has been stayed till the next date of listing of the Writ Petition, i.e. 22/1/2025. The Writ Court has not decided any point by the order under challenge in this Appeal and the order does not fall within the category of a 'judgment'. Therefore, the Special Appeal would not lie against such an order.