VidhiSangh

Supreme Court of India · 03/12/2025

ABHISHEK GUPTA versus DINESH KUMAR & ORS.

[2025] 12 S.C.R. 479 · 2025 INSC 1406

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Summary

A person who was not impleaded in a writ petition but whose licence was adversely affected by the Single Judge's order may maintain an intra-court special appeal with leave, despite the bar in Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952; the Division Bench's dismissal of the appeal as not maintainable was set aside and the appeal restored.

Issues

  1. Whether a special appeal by a non-party, adversely affected by a Single Judge's order in an Article 226 petition challenging an appellate order of an authority, is barred by Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952.
  2. Whether the Full Bench decision in Sheet Gupta v. State of U.P. was decisive of that question.

Provisions considered

Held

Result

Appeals disposed of; Division Bench judgment set aside and the special appeal restored for expeditious hearing; respondent no.1, already reinstated in the fair price shop, to continue subject to the result of the special appeal; parties left free to raise their contentions, including on the appellant's affidavit; no opinion on merits.

Judgment PDF: Supreme Court of India, [2025] 12 S.C.R. 479.