ASHOK BHUSHAN, ARUN TANDON, J. - (1.) HEARD learned Counsel for the appellants.
(2.) THIS is an appeal against the following order of the learned Single Judge dated 17.9.2008 in a writ petition which is pending: "Learned Standing Counsel has accepted notice on behalf of respondent Nos. 1 and 2. Issue notice to other respondents No. 3 to 7 returnable after six weeks. Steps to be taken within a week. List after six weeks." The writ petition was filed by the appellants challenging the order dated 18.7.2008 passed by the Prescribed Authority in exercise of jurisdiction under section 25 of the Societies Registration Act, 1860 (hereinafter called the "Act, 1860"). There are two reasons due to which this special appeal cannot be entertained. Firstly, the order impugned in the writ petition was an order passed by the Prescribed Authority in exercise of jurisdiction under section 25 of the Act, 1860 and the Prescribed Authority while exercising jurisdiction under section 25 of the Act, 1860 acts as a Tribunal hence the Special Appeal is barred under Chapter VIII, Rule 5 of Rules of the Court.
(3.) A Division Bench of this Court in Mohd. Tabib Khan v. State of U. P. and others 2008 (1) ALJ 455=2007 (69) ALR 34 (Sum), has laid down relying on earlier judgments of this Court that Special Appeal under Chapter VIII Rule 5 of the Rules of the Court is not maintainable against an order passed by one Judge in a writ petition where the order of the Prescribed Authority is under challenge.;