S.P.Srivastava, K.N.Sinha - (1.) -Heard counsel.
(2.) PERUSED the record. Learned standing counsel representing the respondent No. 1 has raised a preliminary objection to the maintainability of this special appeal and has urged that since the order impugned in this special appeal is an order passed by the learned Single Judge finally disposing of a writ petition directed against an order passed by the Deputy Director of Consolidation exercising the revisional jurisdiction envisaged under the provisions of the U. P. Consolidation of Holdings Act, 1953, as amended. This special appeal is not maintainable/entertainable in view of the statutory prohibition envisaged under the Uttar Pradesh High Court (Abolition of Letters Patent Appeals) Act, 1962 and deserves to be dismissed on this ground alone. Learned counsel for the petitioner appellant has, however, urged that the Special Appeal is maintainable and has challenged the report of the Stamp Reporter indicating that the special appeal is not maintainable in view of Chapter VIII Rule 5 of Allahabad High Court Rules, 1952.
(3.) THE present special appeal has been filed under the provisions contained in Chapter VIII Rule 5 of the Rules of the Court, which is to the following effect : "An appeal shall lie to the Court from a judgment (not being a judgment passed in the exercise of appellate jurisdiction) in respect of a decree or order made by a Court subject to the superintendence of the Court and not being an order made in the exercise of revisional jurisdiction or in the exercise of its power of superintendence or in the exercise of criminal jurisdiction (or in the exercise of jurisdiction conferred by Article 226 or Article 227 of the Constitution in respect of any judgment, order or award-(a) of a Tribunal, Court or statutory arbitrator made or purported to be made in the exercise or purported exercise of jurisdiction under any Uttar Pradesh Act or under any Central Act, with respect to any of the matter enumerated in the State List or the Concurrent List in the Seventh Schedule to the Constitution, or (b) of the Government or any Officer or authority, made or purported to be made in the exercise or purported exercise of appellate or revisional jurisdiction under any such Act of one Judge." It may be noticed that Allahabad High Court Rules (Rules of the Court, 1952), were framed by the High Court of Judicature at Allahabad in exercise of the powers conferred by Article 225 of the Constitution of India and all other powers enabling it on that behalf. The High Court of Judicature at Allahabad, was established under the Letters Patent of His Majesty published in Government Gazette North Western Provinces, dated 27.6.1866. Clause 10 of the Letters Patent contained a provision regulating the appeal to the High Court from the Judges of the said Court. It was stipulated in Clause 10 of the Letters Patent that except certain specified categories of cases, an appeal shall lie to the said High Court of Judicature at Allahabad, from the judgment of one Judge.;