Neutral Citation No. - 2025:AHC-LKO:15176 Court No. - 7 Case :- WRIT - C No. - 2017 of 2025 Petitioner :- Vindra Prasad Chaubey Respondent :- State Of U.P. Thru. Collector, Gonda And 5 Others Counsel for Petitioner :- Ram Kumar Srivastava Ram Kumar Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State. 2. Present petition has been filed challenging the order dated 23.11.2024 whereby the appeal preferred by the petitioner was dismissed on the ground of limitation. 3. It was observed in the order dated 23.11.2024 that no application under Section 5 of Limitation Act was separately filed. It was also observed that the ex-parte order was passed on 10.05.2018 and the recall application was filed on 21.06.2018. 4. Learned counsel for the petitioner states that in the application itself, a mention for condonation of delay was made, however, no separate application was filed. 5. Considering the small delay occurred at the instance of the petitioner which has been rejected only on technical grounds, the order impugned dated 23.11.2024 cannot be sustained and is quashed. 6. Petitioner is permitted to file a separate application under Section 5 of Limitation Act, which shall be considered afresh and the matter shall be decided on merits in accordance with law. 7. Present petition stands disposed off in above terms. Order Date :- 12.3.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench