- (1.) This Special Appeal is directed against the judgement and order dated 11 January 2018 of a learned Judge of this Court by which the writ petition filed by Shashi Prabha Devi, who is respondent no. 3 in this Special Appeal, has been allowed. The writ petition was directed against the order dated 22 May 2012 passed by the Sub Divisional Magistrate, by which the fair price shop licence of the writ petitioner was cancelled as also the order dated 15 April 2013 by which the appeal filed by the writ petitioner against the order dated 22 May 2012 was dismissed.
(2.) A preliminary objection has been raised by the learned Standing Counsel appearing for the respondent nos. 1 and 2 and Shri Ram Avatar Verma, learned counsel appearing for the respondent- Shashi Prabha Devi that the Special Appeal would not be maintainable under Chapter VIII, Rule 5 of the High Court Rules as the writ petition was filed against the appellate order.
(3.) We find substance in the objection raised by the learned counsel for the respondents. The writ petition was filed not only against the order passed by the Sub Divisional Magistrate but also against the appellate order. The Special Appeal was, therefore, not maintainable 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.;