Suraj Narain vs Narain Das and Others

Narendra Kumar Jain, J.—This intra Court appeal is directed against the order dt. 24.1.2013 passed by the Single Bench whereby S.B. Civil Writ Petition No. 5688/2008 has been disposed of. The appellant was not a party in the writ petition, therefore, an application has been filed seeking permission to file appeal. Learned counsel for the appellant submitted that Single Judge has passed the impugned order whereby the rights of the appellant are adversely affected. Therefore, he may be granted permission to file the appeal.

We have considered the submissions of the learned counsel for the appellant. Since the appellant was not a party to the writ petition, therefore, the petitioner should approach the same Court which has passed the adverse order against him, by way of review petition or recalling of the order, after seeking permission for the same. In these circumstances, we are not inclined to entertain the application for grant of leave to file appeal.

Consequently, the appeal is disposed of with liberty to the appellant to file appropriate application before Single Bench in accordance with law. In view of the above, Stay Application No. 2499/2013 as well as Applications No. 18777/2013, 6727/2013 and 6728/2013 stand disposed of.