High Court of Judicature at Allahabad
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C/M Uchchattar Madhyamik Vidyalaya Thru' Manager & Another v. State Of U.P. & Others - SPECIAL APPEAL No. 746 of 2006  RD-AH 11689 (18 July 2006)
Special Appeal No. 746 of 2006
Committee of Management and another .....Petitioners
Committee of Management and others .....Respondents
Hon'ble S.Rafat Alam, J.
Hon'ble Sudhir Agarwal ,J.
Having heard Sri P.K.Jain, learned counsel for the appellants, Sri G.K.Singh, learned counsel for respondents no.1 and 2 and the learned Standing Counsel appearing for the State-respondents no. 3 and 4, we are of the view that this appeal does not lie at this stage as the order impugned in the appeal is not a judgment.
Special appeal against the judgment of Hon'ble Single Judge lies under Chapter VIII Rule 5 of the Rules of the Court. Since by the impugned order rights of the parties have not been decided and as an interim measure the Hon'ble Single Judge has appointed the authorised controller to manage the affairs of the institution in question, it cannot be held to be a "judgment" and thus the appeal is not maintainable.
However, in the facts of the case, we are of the view that the writ petition itself requires an early disposal because the term of Committee of Management is expiring in the year 2007. Sri P.K.Jain, Learned counsel for the appellants submits that the counter affidavit in the writ petition will be filed within a week. Sri G.K.Singh, learned counsel appearing for respondents no.1 and 2 also submits that he will file rejoinder to the counter affidavit within one week thereafter. We, therefore, request the Hon'ble Single Judge to decide the writ petition itself on merit at an early date subject to other business of the Court.
With the above observations, the special appeal stands dismissed.
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