LAWS(ALL)-2008-7-25

HASIB AHAMAD Vs. STATE OF U P

Decided On July 23, 2008
HASIB AHAMAD Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) -This is an appeal against the judgment and order dated 28.2.2008, passed by the learned single Judge by which the writ petition filed by the petitioner challenging the order dated 13.7.2007 cancelling the fair price agreement as also the appellate order dated 28.2.2008 was dismissed.

(2.) THE Stamp Reporter has submitted a report that the appeal is not maintainable under Chapter VIII, Rule 5 of the Rules of the Court.

(3.) THE appeal filed before the Divisional Commissioner under the said provision is, therefore, a statutory appeal. THE writ petition having been filed against an appellate order, special appeal is barred under Chapter VIII, Rule 5. THE Division Bench judgment in the case of Ram Dhyan Singh (supra) relied upon by the learned counsel for the appellant was a case where the appeal was not under the above mentioned 2004 statutory Order. THE appeal in the said case was filed under the Government order dated 3.7.1990 and, therefore, the Division Bench took the view that the special appeal was maintainable as the appeal was held to be non-statutory.