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2025 DAILYLAW 149351 (ALL)

MAMTA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF BAL VIKAS SEWA EVM PUSTAHAR LKO. AND 5 OTHERS

SPLA/218/2025 · 2025-07-08

Attau Rahman Masoodi, Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38603-DB Court No. - 1 Case :- SPECIAL APPEAL No. - 218 of 2025 Appellant :- Mamta Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Bal Vikas Sewa Evm Pustahar Lko. And 5 Others Counsel for Appellant :- Upendra Prakash Pathak Counsel for Respondent :- C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the appellant, learned Standing Counsel for the State and perused the record. 2. The following order was passed by this court on 23-05-2025 when the application seeking the condonation of delay in filing the present appeal was allowed. "Order on C.M. Application No.1 of 2025 1. An application for condonation of delay supported with an affidavit has been filed along-with the appeal. 2. Reasons in detail have been spelt out in the affidavit filed in support of delay condonation application to which there is no objection. 3.In absence of any objection and the cause shown being sufficient, the application is allowed and the delay in filing the appeal is condoned. Order on Appeal 4. Learned counsel for the State has pointed out that the same issue has been heard by a Division Bench of this Court in Special Appeal No.170 of 2025 wherein the judgement has been reserved. 5. List in the first week of July, 2025, as fresh. 6. On the next date of listing, the outcome of the proceedings in which the judgement has been reserved may be apprised to this Court." 3. Today, when the appeal has come up before this court, learned Standing Counsel has informed that the pending Special Appeal No. 170 of 2025, Neetu Vs State of U.P. and 3 Others, has already been dismissed by a coordinate Bench of this court vide Judgment and Order dated 19- 05-2025. A copy of the Judgment dated 19-05-2025 passed by the coordinate Bench of this court has been shown to us. 4. The issue involved in the present special appeal is identical to the one, which has already been decided by a coordinate Bench of this court dismissing the special appeal. 5. In these circumstances, for the same very reasons, the present intra court appeal filed under Chapter VIII, Rule 5 of the High Court Rules, deserves to be dismissed. 6. It is ordered accordingly. ' (Shree Prakash Singh,J.) (Attau Rahman Masoodi,J.) Order Date :- 8.7.2025/Shahnaz Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench