Mahfooz Ali (In Wric 1001550 Of ... vs State Of U.P. Thru. Deputy ...
2022 Latest Caselaw 2681 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 26 of 2022
 

 
Appellant :- Mahfooz Ali (In Wric 1001550 Of 2013)
 
Respondent :- State Of U.P. Thru. Deputy Commissioner Devipatan Gonda And Others
 
Counsel for Appellant :- Hari Om Pandey,Alok Tripathi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Subhash Vidyarthi,J.

(C.M.Application No. 2 of 2022)

Office has reported a delay of 12 days in preferring the accompanying Special Appeal.

Having heard the learned counsel for the parties and perused the affidavit filed in support of the application seeking condonation of delay, we find that the delay has sufficiently been explained. Accordingly, the application is allowed and the delay is condoned.

(C.M.Application No. 3 of 2022)

Having regard to the contents of the application, leave to file special appeal is granted.

(Order on Appeal)

Heard the learned counsel for the appellant and the learned State Counsel.

By means of this Special Appeal filed under Chapter VIII Rule 5 of the Rules of the Court, a challenge has been made to an order dated 23.03.2022, passed by the learned Single Judge in Writ-C No. 1001550 of 2013 filed by the respondent No.3, whereby the writ petition has been allowed and the orders under challenge in the said writ petition dated 05.08.2011 and 16.02.2013 have been set aside.

We may at this juncture notice that by means of the order dated 16.02.2013, the appellate authority under the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 had dismissed the appeal filed by the respondent No.3 against the order dated 05.08.2011, whereby the fair price shop licence of the respondent No.3 was cancelled.

Admittedly, the Special Appeal under Chapter VIII Rule 5 of Rules of the Court is not maintainable against any judgment and order made by the learned Single Judge in exercise of its jurisdiction under Article 226 of the Constitution of India in respect of an appellate order passed by an officer under any enactment made by the State Legislature.

The aforesaid view is supported by a Full Bench judgment of this Court in the case of Sheet Gupta Vs. State, reported in AIR 2010 Allahabad 46.

In view of the aforesaid, the instant special appeal is not maintainable and, as such, the same is dismissed.

Order Date :- 12.5.2022

Sanjay