HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 353 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE MANJIVE SHUKLA, J. (C.M. Application No.1 of 2025) 1. This is an application seeking condonation of delay in filing this special appeal. 2. Heard. 3. Learned counsel for the respondents does not have any objections to the application seeking condonation of delay in filing this appeal. 4. Considering the fact that similar appeal bearing Special Appeal Defective No.317 of 2025 [State of U.P. & ors. vs. Somveer Singh & Ors.] by the State has been dismissed on merits on 04.08.2025, accordingly, the application is allowed and delay is condoned. (Order on memo of appeal) 5. Heard. 6. On merits, we find that similar special appearing bearing Special Appeal Defective No.317 of 2025 has been dismissed by us on 04.08.2025 in the following terms:- "Order on C. M. Application No. 1 of 2025 1. This is an application seeking condonation of delay in filing the appeal. Versus Counsel for Appellant(s) : C.S.C. Counsel for Respondent(s) : Vinod Kumar Shukla State Of U.P. Thru. Its Prin. Secy. Horticulture Lko. And 2 Others .....Appellant(s) Sanjeev Kumar And Another .....Respondent(s) 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. " 7. Similar facts and issues are involved in this case also, a fact which could not be denied by Sri Tushar Verma, learned Addl. C.S.C. We, therefore, dismiss this appeal also for the same reasons as mentioned in the aforesaid judgment dated 04.08.2025. September 1, 2025 Shanu/- SPLAD No. 353 of 2025 2 (Manjive Shukla,J.) (Rajan Roy,J.) Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench