By the Court.—This is an appeal against the judgment and order dated 28.2.2008 passed by the learned Single Judge by which the writ petition filed by the petitioner challenging the order dated 13.7.2007 cancelling the fair price agreement as also the appellate order dated 28.2.2008 was dismissed.

2. The Stamp Reporter has submitted a report that the Appeal is not maintainable under Chapter VIII Rule 5 of the Rules of the Court.

3. Learned Counsel for the appellant contends that this Appeal is maintainable under Chapter VIII Rule 5 of the Rules of the Court. He has placed reliance upon the Division Bench judgment of this Court reported in 2004 (3) AWC 2559, Ram Dhyan Singh v. State of U.P.

4. The writ petition giving rise to this appeal filed by the appellant was against the cancellation order as also against an appellate order passed under Rule 28 of the U.P. Scheduled Commodities Distribution Order, 2004. The U.P. Scheduled Commodities Distribution Order, 2004 has been framed under Section 3 of the Essential Commodities Act, 1955. The said 2004 order is thus a statutory order. Rule 28 providing for appeal is quoted herein below :

“28. Appeal.—(1) All appeals shall lie before t