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Uttar Pradeshiya Prathmik Shikshak Sangh Thru Its Secretary v. State Of U.P. & Others - SPECIAL APPEAL No. - 1440 of 2007  RD-AH 17574 (6 November 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Anjani Kumar, J.
Hon'ble Pankaj Mithal, J.
The appellant who is not party in the writ petition has assailed the impugned order dated 12.10.2007 passed by learned Single Judge. An objection has been raised that the appeal is not maintainable unless leave is granted to file the same. Learned counsel for the appellant has made an oral request for grant of leave and since he prima facie appears to be a person affected. Leave is granted.
The perusal of the order impugned dated 12.10.2007 reveals that it is only an interim/interlocutory order. According to the statement at the bar the appellant has already applied for impleadment in the writ petition No. 51540 of 2007 and has also moved an application for vacating the stay order. Therefore, in the aforesaid circumstances we do not want to interfere with the interlocutory order at this stage in special appeal under Chapter VIII Rule 5 of the High Court Rules. However, learned counsel for the appellant is given liberty to file an application for expeditious disposal of his impleadment application and the application to vacate the stay order and we hope that the learned Single Judge shall consider the same for disposal at the earliest.
The appeal is disposed of with the above observation.
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