HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL DEFECTIVE No. - 769 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This appeal is directed against order dated 11.08.2025 passed by learned Single Judge in Writ-C No. 10109 of 2023 (Gorakh Nath Vs. State of U.P. and 3 others) whereby learned Single Judge has set aside the orders dated 30.12.2020 and 30.12.2022 passed by the District Supply Officer, Ghazipur and the Deputy Commissioner (Food), Varanasi Division, Varanasi respectively, and has directed restoration of fair price shop licence of the petitioner in the writ petition, forthwith. 2. Submissions have been made that though the appellant, being a subsequent allottee, was a necessary party to the writ petition, he was not impleaded and therefore, the order impugned passed by learned Single Judge deserves to be set aside. Reliance was placed on the judgment of this Court in Hiramani Yadav Vs. State of U.P. and 4 others : Special Appeal Defective No. 691 of 2025, decided on 27.08.2025. 3. Counsel appearing for the respondents raised preliminary objection pertaining to the maintainability of the present appeal. Submissions have been made that as the order impugned before the learned Single Judge inter alia was appellate order, the appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 is not maintainable and the said aspect has been decided by a Larger Bench of this Court in Sheet Gupta Vs. State of U.P. and others: Special Appeal No. 1942 of 2008, decided on 11.12.2009. Versus Counsel for Appellant(s) : Chandra Bhushan Tiwari Counsel for Respondent(s) : Ankit Gaur (S.C.), Anjani Kumar Rai, Bhupendra Kumar Tripathi Shravan Rajbhar .....Appellant(s) State of U.P. and 4 others .....Respondent(s) 4. Faced with the maintainability aspect, counsel for the appellant made submissions that the appellant is rendered remediless in case the appeal is not entertained. 5. Having considered the submissions made by counsel for the parties, in view of judgment of this Court in the case of Sheet Gupta (supra), the appeal is not maintainable. The same is therefore, dismissed as not maintainable. 6. However, looking to the circumstances of the case, it is always open for the appellant to seek review of the order passed by the learned Single Judge based on the law laid down by this Court. September 24, 2025 AHA/AKShukla SPLAD No. 769 of 2025 2 (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- AFZAL HUSAIN ABBASI High Court of Judicature at Allahabad