Neutral Citation No. - 2025:AHC-LKO:46090-DB Court No. - 2 Case :- SPECIAL APPEAL DEFECTIVE No. - 323 of 2025 Appellant :- State Of U.P. Thru. Prin. Secy. Horticulture Lko. And 2 Others Respondent :- Ranjit Singh Yadav And Another Counsel for Appellant :- C.S.C. Counsel for Respondent :- Mohd. Ateeq Khan Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Order on C.M. Application No.1/2025 1. Heard Sri Prafull Yadav, learned counsel for the appellants and Mohd. Ateeq Khan, learned counsel appearing on behalf of the respondents. 2. The office has reported a delay of 473 days in filing of the Appeal. 3. Learned counsel representing the respondents says that he does not wish to file any objection to the application for condonation of delay. He prays that the matter may be considered on its merits. 4. The application for condonation of delay in filing the Appeal is allowed. 5. Delay is condoned. 6. The Appeal shall be treated to have been filed within time. Order on Appeal 1. This Appeal has been filed with the following main prayer:- "Wherefore, it is most respectfully prayed that the Hon'ble Court may graciously be pleased to set aside the judgment and order dated 12.03.2024 passed by Hon'ble Mr. Justice Manish Kumar in the present Writ A No. 1118 of 2024 (Ranjit Singh Yadav & Another versus State of U.P. & others)" 2. We have gone through the order impugned, which has placed reliance upon the judgement rendered in Ramesh Kumar Yadav Vs. State of U.P. and others in Writ Petition No.16326 (S/S) of 2017; decided on 25.01.2019. The State had filed the Special Appeal (Defective) No.338 of 2019 against such order of the Hon'ble Single Judge, which was dismissed by the Court by a detailed order on 18.09.2019. The order dated 18.09.2019 was further challenged by the State of U.P. in Special Leave to Appeal No.2665 of 2019. The Hon'ble Supreme Court has rejected the Special Leave to Appeal by its order dated 22.11.2019. 3. Learned counsel for the respondents has also placed on record an order passed by Coordinate Bench on 04.08.2025 in Special Appeal (Defective) No.317 of 2025: State of U.P. and others Vs. Somveer Singh and others, wherein the Court has dismissed the Special Appeal. The relevant extract of the order is being quoted hereinbelow:- "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." 4. The present Appeal being similar in nature is dismissed. Order Date :- 7.8.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench