- (1.) This Special Appeal is directed against the judgement and order dated 7 February 2018 of a learned Judge of this Court by which Writ-A No.- 45906 of 2015 filed by the petitioner to challenge the order dated 19 February 2014 and also the order dated 5 June 2015 rejecting his statutory appeal has been dismissed.
(2.) Though number of submissions have been made by the learned counsel for the appellant, Shri O.P. Singh, learned Senior Counsel appearing for the respondents assisted by Shri Sudhanshu Srivastava has raised a preliminary objection that Special Appeal would not be maintainable as it is arises out of a writ petition in which there was a challenge to an appellate order also.
(3.) We find force in the submissions advanced by the learned Counsel for the respondents that this Special Appeal under Chapter VIII, Rule 5 of the Allahabad High Court Rules would not be maintainable as the writ petition was directed against an appellate order in view of the decision of a Division Bench of this Court in the case of Hasib Ahamad Vs. State of U. P. and Ors., 2008 6 ADJ 757.;