- (1.) Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Prabhakar Awasthi, learned counsel for the appellant, Sri G.K.Singh, learned Senior Advocate assisted by Sri M.A.Ausaf, learned counsel for the writ petitioner - respondents no. 4 to 6 and learned standing counsel for the District Minority Welfare Officer-respondents no. 1 to 3.
(2.) The appellant is the complainant and is also a member of the General Body of the Society, was not a party in the writ petition. The appellant has filed an application seeking to file a special appeal under Chapter VIII Rule 5 of the Rules of the Court contending that he had not only filed an impleadment application before the Writ Court, which is pending but in the meanwhile an interim order was passed by the Writ Court that requires modification otherwise loss would be caused to the public exchequer.
(3.) Sri G.K. Singh, learned Senior Counsel has submitted that the appellant has no locus-standi to file the special appeal being an outsider. In support of his submission, the learned senior counsel has relied upon the decision of the Division Bench of this Court in the case of Amin Khan Vs. State of U.P. and others, 2008 4 ADJ 559, decision in Special Appeal No. 680 of 2015 (Riyazuddin Ansari Vs. Mahboob Alam and 8 others) dated 29.09.2015 and Special Appeal No. 216 of 2017 (Badan Singh Vs. State of U.P. & 5 others) decided on 17.04.2017 as well as Special Appeal No. 1187 of 2011 (Abdul Waheed and another Vs. State of U.P. and others) decided on 16.01.2018.;