Neutral Citation No. - 2025:AHC-LKO:44959-DB Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 317 of 2025 Appellant :- State Of U.P. Thru. Addl. Chief Secy. Horticulture U.P. Lko. And 2 Others Respondent :- Somveer Singh And 4 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Mohd. Ateeq Khan Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Order on C. M. Application No. 1 of 2025 1. This is an application seeking condonation of delay in filing the appeal. 2. Heard. 3. The cause shown for the delay in filing the appeal is sufficient. 4. The application is allowed and the delay in filing the appeal is condoned and we proceed to hear the appeal. Order on Special Appeal 5. After arguing the matter for some time, the appellant's counsel was confronted with the judgment dated 11.11.2024 passed in Special Appeal Defective No.597 of 2024; State of U.P. and 2 ors. vs. Santosh Kumar, by which the appeal of the appellant against the judgment of the writ court passed in Writ A No. 9722 of 2023; Santosh Kumar vs. State of U.P. and ors., involving similar issue has been rejected, and the fact that in Santosh Kumar vs. State of U.P. and ors., the judgment rendered in Writ Petition No. 16323 (S/S) of 2017 in re: Ramesh Kumar Yadav vs. State of U.P. and ors. was relied upon and against it a Special Leave Petition was filed which was dismissed, and as it is the said judgment which has been relied by the learned Single Judge, learned Standing Counsel for the State-respondents has fairly accepted the aforesaid facts. 6. For the reasons already given in the judgment of the Co- ordinate Bench dated 11.11.2024, we see no reason to interfere with the impugned judgment dated 18.11.2024 in this intra- court appeal. 7. The appeal is, accordingly, dismissed. (Manish Kumar, J.) (Rajan Roy, J.) Order Date :- 4.8.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench