HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 230 of 2018 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. C.M.A. No.53599 of 2018 (Application for Condonation of Delay) 1. Heard. 2. After going through the affidavit filed in support of application for condonation of delay, cause shown for the delay in filing the special appeal is sufficient. The application is allowed and the delay in filing the special appeal is condoned as Special Appeal No.8 of 2012 was decided on 24.11.2017 and S.L.P. against which, preferred by the aggrieved private persons was withdrawn on 12.03.2018 and after dismissal of the SLP a review was filed by Ram Chandra Verma & Another in Special Appeal No.8 of 2012 which was dismissed on 25.05.2018, thereafter, this appeal has been filed which could not be filed earlier in view of the intervening developments. Order on Appeal 3. By means of this appeal the State has challenged the judgment and order dated 04.08.2017 passed in Writ Petition No.6935 (S/S) of 2016. The aforesaid writ petition of the respondent was disposed of in terms of the judgment passed by a Single Judge in Writ Petition No.6535 (S/S) of 2014 (Subedar Yadav & 4 Ors. Vs. State of U.P. through Prin. Secy. Irrigation Versus Counsel for Appellant(s) : C.S.C. Counsel for Respondent(s) : Avnish Kumar Singh State Of U.P.Through Prin.Secy.Irrigation Deptt.Lko.And Ors. .....Appellant(s) Ramesh Singh Raghav And Ors. .....Respondent(s) Deptt. Lko. & Ors.). The writ petition filed by Subedar Yadva (supra) itself was decided in terms of another judgment dated 21.04.2008 passed in Civil Misc. Writ Petition No.36816 of 2004 (Ram Chandra Verma and another vs. State of U.P. & others). Against the judgment in Ram Chandra Verma (supra), a Special Appeal bearing No.291 of 2012 (State of U.P. and others Vs. Malik Shakil Ahmad) was filed, which was initially dismissed vide order dated 20.05.2014. Thereafter Subedar Yadav (supra) was decided on 14.11.2014 and following it Ramesh Singh Raghav & others' case was decided on 04.08.2017. It is this judgment dated 04.08.2017, which is under challenge. 4. Now the judgment in Special Appeal in the case of Ram Chandra Verma was reviewed by the Division Bench vide judgment dated 18.11.2016 at the behest of the State and the review application was allowed, consequently the appeal was also allowed and the writ petition stood dismissed, against which Ram Chandra Verma and Anr. filed a Special Leave Petition bearing (C) No.5812 of 2018, which was withdrawn on 12.03.2018. There is nothing before us to indicate that any other aggrieved person challenged the judgment dated 24.11.2017 passed in Special Appeal No.8 of 2012. In this view of the matter, the very basis of the judgment impugned herein does not exist. Consequently, this appeal is decided in terms of the judgment dated 24.11.2017, passed in Special Appeal No.8 of 2012 and the review application filed therein. 5. We dispose of this appeal in terms of the judgment dated 24.11.2017 passed in Special Appeal No.8 of 2012, consequently, the impugned judgment is set aside. The writ petition stands disposed of in the aforesaid terms along with the appeal. November 17, 2025 Anand/- SPLAD No. 230 of 2018 2 (Rajeev Bharti,J.) (Rajan Roy,J.) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench