Rafi Ul Hassan v. State of U.P. and 2 Others

Court No. - 48 Case :- WRIT - B No. - 3787 of 2023 Petitioner :- Rafi Ul Hassan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Rai,Prajyot Rai Counsel for Respondent :- CSC Hon'ble Saurabh Shyam Shamshery,J.

¶1Sri P.K. Rai, learned counsel for petitioner, after arguing for some time, fairly submits that issue of maintainability of an appeal filed by contesting respondents could be taken by petitioner by filing an independent application, therefore, he prays that the writ petition may be disposed of with aforesaid liberty.

¶2In above circumstances and taking note of a fair statement made by learned counsel for petitioner, this writ petition is disposed of with liberty aforesaid.

¶3In the event of filing such application, the concerned Appellate Authority will consider the issue of maintainability preferably at first instance, if there is no legal impediment. Order Date :- 9.11.2023 Nirmal Sinha High Court of Judicature at Allahabad