( 1 ) THE question which requires consideration here is whether a special appeal lies against the judgment of a single Judge rendered in a writ petition under Article 226 of the Constitution wherein orders passed by the Prescribed Authority under Utta. r Pradesh Imposition of Ceiling on land Holdings Act, 1960 (hereinafter referred to as the Act) had been challenged.

( 2 ) THE appellant filed a writ petition challenging several orders passed by the prescribed authority whereby his 24 bighas of land was declared as surplus and the application moved by him indicating his choice of the plots which he wanted to retain was rejected. The writ petition was dismissed by a learned single Judge by the judgment and order dated 9. 9. 1997 and the present special appeal has been filed assailing the said judgment. The provision for special appeal is contained in Chapter VIII, Rule 5 of the Allahabad High Court Rules. 1952 (for short high Court Rules) and in terms thereof, no special appeal is maintainable against the Judgment of a single Judge rendered in exercise of jurisdiction conferred by Article 226 or 227 of the constitution in respect of any judgment or order of a Tribuna