HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 352 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE MANJIVE SHUKLA, J. (C.M. Application No.2 of 2025) 1. This is an application seeking condonation of delay in filing the appeal. 2. Heard. 3. We have gone through the affidavit in support of the application seeking condonation of delay in filing this special appeal. Cause shown is sufficient. Accordingly, the application is allowed and delay is condoned. (Order on memo of appeal) 4. Heard. 5. The argument of learned counsel for the appellant was that learned Single Judge was persuaded to dismiss the writ petition of the petitioner challenging selection of private opposite party for issuance of a below poverty level ration card while not giving preference to the petitioner- appellant, only on account of the fact that the private opposite party was having monthly income of Rs.3500/- which was within the income prescribed for the said purpose as per G.O. dated 12.03.2023, however, actually, the income cut off for issuance of B.P.L. ration card is 37,500/-. However, on being asked to demonstrate that it is so, learned counsel for the appellant has not been able to place before us any government order Versus Counsel for Appellant(s) : Avneesh Singh Counsel for Respondent(s) : C.S.C. Km. Nishu Trivedi .....Appellant(s) State Of U.P. Thru. Its Addl. Chief Secy. Bal Vikas Sewa Evam Pushtahar Lko. And 5 Others .....Respondent(s) or rule wherein the said amount may have been prescribed. 6. Per contra, Sri V.P. Nag, learned Standing Counsel has written instruction that income eligibility for issuance of BPL certificate has a ceiling of Rs.46,080/- in the rural area which is involved herein whereas the private opposite party has total income of less, therefore, the BPL Card has been issued and so far as appellant is concerned, her income is 48,000/- which is above the BPL limit. He has placed before us a copy of G.O. dated 29.02.2016 wherein the aforesaid ceiling is prescribed. We see no merit in the appeal. 7. Accordingly, the appeal is dismissed. September 1, 2025 Shanu/- SPLAD No. 352 of 2025 2 (Manjive Shukla,J.) (Rajan Roy,J.) Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench