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Judgment
Respondentsappellants, aggrieved by order dated 30.3.2009 passed by learned Single Judge in Civil Misc. Writ Petition No. 30188 of 2008, have preferred this special appeal under Rule 5 Chapter VIII of the Allahabad High Court Rules.
When the matter is taken up, Mr. Pankaj Rai, learned Additional Chief Standing Counsel, appearing on behalf of the appellants, submits that the appellants are aggrieved only to the extent of cost awarded by the learned Single Judge.
Mr. Ramesh Pundir, appears for the respondent.
The learned Single Judge on consideration of the materials on record, came to the conclusion that an elected Gram Pradhan was kept out of office for a considerable long period without any justification and accordingly, while quashing the order of his removal, awarded cost of Rs. 50,000/.
It is wellsettled that award of cost is within the discretion of the learned Single Judge and this Court interferes with such order in special appeal only when it is shown that the discretion exercised suffers from patent illegality.
Here, the learned Single Judge finding that an elected office bearer was kept out of office because of the palpably illegal order passed by the authority, awarded cost.
We are of the opinion that the aforesaid exercise of discretion by the learned Single Judge does not call for interference in this appeal.