RAM NARAIN PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) RESPONDENT no.5-appellant, aggrieved by an order dated 24.4.2009 passed by a learned Single Judge in Writ Petition No.21876 of 2009, has preferred this special appeal under Rule 5 of Chapter VIII of the Allahabad High Court Rules. Mr. Ashok Khare, learned Senior Advocate, appears on behalf of the appellant. Learned Single Judge after recording its prima facie satisfaction, passed an interim order staying the operation of the order dated 12.2.2009 till the next date of listing. Mr. Khare attempted to assail the aforesaid order, inter alia, contending that the learned Single Judge has not noticed the earlier interim order passed in another writ petition. Any adjudication on this question shall adversely affect the writ petitions, which are pending for consideration before this Court. In that view of the matter, we refrain ourselves from expressing any opinion thereon. It is well settled that this Court in special appeal interferes with an interlocutory order when an exceptional case is made out. We are of the opinion that the case in hand does not fall within that category. The appellant, if so advised, may request the learned Single Judge in seisin with the matter for expeditious disposal of the writ petition itself. The special appeal stands dismissed with observations aforesaid.