Neutral Citation No. - 2025:AHC-LKO:11585-DB Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 79 of 2025 Appellant :- State Of U.P. Thru. Prin. Secy. Deptt. Of Horticulture Lko. And 4 Others Respondent :- Vijay Kumar Maurya Counsel for Appellant :- C.S.C. Counsel for Respondent :- Mohd. Ateeq Khan Hon'ble Attau Rahman Masoodi,J. Hon'ble Manish Kumar,J. 1. The intra court appeal under Chapter VIII, Rule 5 of the Allahabad High Court Rules, 1952 has been filed with a delay of 232 days as on the date of the institution. 2. The application acompanying the appeal has sought condonation of delay in filing the appeal which is supported by an affidavit. Just reasons have been pleaded for seeking condonation of delay, which are not disputed by the respondent herein. 3. In absence of any objection against the delay condonation application, and also cause being sufficient, the application is accordingly allowed. 4. Let the special appeal be assigned a regular number. Order on Special Appeal 1. The intra court appeal is directed against the judgment/order dated 03.05.2024,passed by the Writ Court in Writ A No. 36779 of 2018, whereby while allowing the writ petition, the benefit of the previous order passed by the learned Single Judge in the case of Ramkant Rawat and 4 others versus State of U.P and others has been extended to the respondent in equal terms. On a pointed query made to the learned counsel for the State as to whether any intra court appeal was preferred against the judgment, placed reliance upon by the learned Single Judge in the order impugned herein, it is informed that no such appeal was filed, although the judgment in the said proceedings was rendered on 25.04.2024. On a perusal of the judgment in the case of Ramakant Rawat (supra), we gather that the said judgment was also passed by the learned Single Judge placing reliance upon an earlier judgment of the Apex Court in the case of Sabha Shankar Dube versus Divisional Forest Office and others, reported in (2019) 12 SCC 297. It appears that the present intra court appeal though instituted belatedly against the judgment impugned, has nevertheless omitted to state the relevant facts as regards assailing the previous order regarding which, it is pointed that the state has not chosen to file any appeal. The writ court was thus bound under the earlier judgment, particularly, when the same has placed reliance upon a judgment of the Apex Court regarding which no distinction has been drawn before us or in the earlier proceedings of which the judgment was binding upon the writ court being a decision on the identical issue. 2. Under these circumstances, we do not find any merit in the present appeal and the same is accordingly rejected. Order Date :- 24.2.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench