HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 473 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE INDRAJEET SHUKLA, J. (C. M. Application No. 1 of 2025) 1. This is an application for condonation of delay in filing special appeal supported with affidavit. 2. Heard Shri Alok Kumar Tripathi, learned counsel for the appellant and Shri S.B. Pandey, learned Senior Counsel and Deputy Solicitor General of India assisted by Shri Varun Pandey, learned counsel for the Union of India. 3. Considering the fact that an application was filed seeking a review of the impugned judgment and order dated 05.07.2023 and ultimately it was withdrawn on 30.10.2025 with liberty to file an appeal, the application for condonation of delay is allowed and the delay is condoned. Order on Special Appeal 1. This is a Special Appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 challenging the judgment and order dated 05.07.2023 passed by learned Single Judge in Writ- A No. 3493 of 2023. 2. After going through the impugned judgment and hearing learned counsel for the parties we find no acceptable justification/explanation in the writ petition for the delay of 12 years in filing the writ petition, even Versus Counsel for Appellant(s) : Alok Kumar Tripathi, Sandeep Kumar Yadav Counsel for Respondent(s) : A.S.G.I. Birpal Singh (Veerpal Singh) .....Appellant(s) Union Of India Thru. Secy. Ministry Of Defence New Delhi And 4 Others .....Respondent(s) if, we calculate the said delay from the date of order dated 04.05.2011 which is the order of revision arising out of the order of dismissal dated 23.11.2001. No doubt, the writ court has calculated the delay from the date of initial order of dismissal i.e. 23.11.2001 but even if it is calculated from the order of revision dated 04.05.2011 there was a delay of about 12 years which was not explained satisfactory. In fact, the revision itself was filed highly belated. It is not a fit case for interfering in an intra Court appeal subject however to what has been observed hereinabove. 3. The special appeal is dismissed accordingly. December 4, 2025 R.K.P. SPLAD No. 473 of 2025 2 (Indrajeet Shukla,J.) (Rajan Roy,J.) Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench