HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 384 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE PRASHANT KUMAR, J. 1. Sri Ashol Kumar Verma, Advocate has filed his Vakalatnama on behalf of opposite party no.4 which is taken on record. (C.M. Application No.1 of 2025) 2. This is an application seeking condonation of delay in filing the appeal. 3. Heard. 4. We have gone through the affidavit in support of the application seeking condonation of delay. Cause shown is sufficient which is due to financial hardships etc. Accordingly, the application is allowed. Delay is condoned. (Order on memo of appeal) 5. Heard. 6. One of the orders which was impugned before the writ court was the appellate order dated 11.04.2023 passed in Appeal No.281 of 2023 under 13(1) of the U.P. Regulation of Sale and Distribution Order, 2016. The control order 2016 made by the State Government itself is referable to Essential Commodities Act, 1955 which in turn is referable to Entry-33 of the Concurrent List, therefore, in view of the Full Bench decision in the Versus Counsel for Appellant(s) : Syed Asaghar Mehdi, Manish Mani Tripathi Counsel for Respondent(s) : C.S.C. Mohd Islam .....Appellant(s) State Of U.P. Thru.Its Prin. Secy. Deptt. Of Food And Civil Supplies U.P. Lko. And 3 Others .....Respondent(s) case of 'Sheet Gupta vs. State of U.P. & Ors.' reported in AIR (2010) All 46, a special appeal against an order passed in respect of such appellate order by the writ court is not maintainable under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952. 7. We, accordingly, dismiss this appeal as not maintainable. September 24, 2025 Shanu/- SPLAD No. 384 of 2025 2 (Prashant Kumar,J.) (Rajan Roy,J.) Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench