Neutral Citation No. - 2025:AHC:138772-DB Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 574 of 2025 Appellant :- Chaman Swan Sahayata Samuha Respondent :- Prakash Chandra Jaiswal and 4 others Counsel for Appellant :- Amardeo Singh,Brijesh Kumar Counsel for Respondent :- Bhupendra Kumar Tripathi, Ramanand Pandey, A.C.S.C.,Upendra Upadhyay, Brij Kumar Saroj, Anjani Kumar Rai Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J. 1. This appeal is directed against order dated 08.07.2025 passed in Writ - C No. 9479 of 2023 passed by learned Single Judge whereby the writ petition filed by the respondent no. 1 has been allowed and order impugned in writ petition dated 29.09.2022 has been set aside. 2. At the outset, counsel for the respondents has raised a preliminary objection about the maintainability of the Special Appeal. 3. Submission has been made that the appeal is barred under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 ('Rules') and therefore, the appeal deserves to be dismissed on account of maintainability itself. 4. Counsel for the appellant attempted to make submissions that the petitioner had filed application seeking impleadment during pendency of the writ petition and filed documents to non-suit the respondent no. 1, however, the impleadment application was not decided and remained pending and the material produced was not taken into consideration. 5. For the plea sought to be raised by the appellant, it has the remedy to seek review of the order passed by learned Single Judge. 6. Filing of the Special Appeal, which is barred under Chapter VIII Rule 5 of the Rules, cannot be countenanced. 7. Consequently, the appeal is dismissed as not maintainable leaving it open for the appellant to take appropriate proceedings in accordance with law. Order Date :- 14.8.2025 Jyotsana (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad