Neutral Citation No. - 2025:AHC-LKO:15952-DB Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 903 of 2007 Appellant :- Stae of U.P. Thru Prin.Secy. Irrigation and 4 others Respondent :- Ram Sajeevan Shukla Counsel for Appellant :- Sanjay Kumar Rao Counsel for Respondent :- Ravi Kishore Joshi,Ram Lagan Misra Hon'ble Arun Bhansali,Chief Justice Hon'ble Jaspreet Singh,J. 1. Heard learned counsel for the appellants. Despite service, none is present for the sole respondent. 2. The present appeal is barred by limitation. An application under Section 5 of the Limitation Act has been filed seeking condonation of delay. 3. For the reasons indicated in the application supported by an affidavit, the same is allowed. 4. The delay in filing the appeal is condoned. 5. The learned counsel for the appellant submits that the learned Single Judge while passing the impugned order dated 05.10.2006 followed the judgment in Prabhu Narain Sharma and others Vs. State of U.P. and others : Writ Petition No. 5505 (S/S) of 1999, decided on 26.08.1999. 6. The said judgment in the case of Prabhu Narain Sharma (supra) has been reversed by the Division Bench in State of U.P. and others Vs. Prabhu Narain Sharma : Special Appeal No. 64 of 2006 decided on 23.07.2010 and therefore, the present appeal may be allowed. 7. We have considered the submissions made and have perused the judgment in the case of Prabhu Narain Sharma (supra) by the Division Bench. 8. In view of the fact that the judgment which has been followed by learned Single Judge stands reversed by the Division Bench, the appeal is allowed in terms of the directions issued in the case of Prabhu Narain Sharma (supra) by the Division Bench in its judgment dated 23.07.2010. Order Date :- 19.3.2025 RK/Asheesh (Jaspreet Singh, J.) (Arun Bhansali, CJ.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench