Neutral Citation No. - 2025:AHC:137650-DB Chief Justice's Court Case :- SPECIAL APPEAL No. - 733 of 2025 Appellant :- Bechu Respondent :- State of U.P. and 5 others Counsel for Appellant :- Vishwajit Kumar Mishra, Anurag Dubey Counsel for Respondent :- Ramanand Pandey (A.C.S.C.), Vidya Kant Tripathi, Pradeep Singh Hon'ble Arun Bhansali, Chief Justice Hon'ble Kshitij Shailendra, J. 1. This special appeal is directed against order dated 02.07.2025 passed in Writ-C No. 18461 of 2025 whereby the writ petition filed by respondent no.5 has been allowed and the order passed by the Tehsildar has been restored. 2. In the proceedings initiated under Section 67 of the Uttar Pradesh Revenue Code, 2006 (for short 'the Code'), the Tehsildar by his order dated 08.12.2022 dropped the proceedings. Feeling aggrieved, the Gram Sabha filed appeal under Section 67(5) of the Code, which appeal came to be allowed by order dated 03.05.2025 passed by the District Collector, Mirzapur. Aggrieved of the said order, Writ-C No. 18461 of 2025 was filed by respondent no.5 wherein, by the order impugned dated 02.07.2025, learned Single Judge has set aside the order passed by the District Collector under Section 67(5) of the Code and has allowed the writ petition. 3. Learned counsel for the respondents raised preliminary objection pertaining to the maintainability of the appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 (for short 'the Rules'). 4. Counsel for the appellant is not in a position to contradict the submissions made about the maintainability of the appeal as the provisions specifically bar special appeal in a case where jurisdiction under Article 226/227 of the Constitution has been exercised by learned Single Judge against an order passed in appeal or revision under any U.P. Act. 5. As, admittedly, the order impugned before the learned Single Judge was passed in appeal by the District Collector, the filing of the special appeal is barred under Chapter VIII Rule 5 of the Rules. 6. Consequently, the appeal is dismissed as not maintainable. Order Date :- 13.8.2025 AHA/AKShukla (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- AFZAL HUSAIN ABBASI High Court of Judicature at Allahabad