Honble R.K. Agrawal, J.—Regretting their inability to agree with the view taken by a coordinate Bench of this Court in the case of Ram Dhyan Singh v. State of U.P. and others, 2004(3) AWC 2559, and being of the opinion that the aforesaid decision requires reconsideration by a larger Bench, particularly in view of another coordinate Bench decision in the case of Vajara Yojna Seed Farm, Kalyanpur (M/s.) and others v. Presiding Officer, Labour Court II, U.P., Kanpur and another, 2003(1) ESC 492, a Division Bench has referred the following question for decision by a larger Bench :

“Whether a special appeal under the provisions of Rule 5 of Chapter VIII of the Rules of the Court lies in a case where the judgment has been given by a learned Single Judge in a writ petition directed against an order passed in an appeal under paragraph 28 of the U.P. Scheduled Commodities Distribution Order, 2004?”

Facts of the Case

2. The appellant was having a licence for fair price shop in Gram Panchayat Lahilpar alias Ratanpura, Nyay Panchayat Pangara, Vikas Kshetra Deoria, Tehsil and District Deoria. The licence of the appellant was suspended on 14th July, 2004. He was called upon to show cause