Neutral Citation No. - 2025:AHC:81346-DB Court No. - 29 Case :- SPECIAL APPEAL DEFECTIVE No. - 349 of 2025 Appellant :- The State Of Up And 2 Others Respondent :- Jyoti Prakash Mishra And Another Counsel for Appellant :- Ankit Gaur,C.S.C.,S.C. Counsel for Respondent :- Shivendu Ojha Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. (Ref: Civil Misc. Delay Condonation Application) 1. Heard. 2. Delay in filing the present appeal is explained to the satisfaction of the Court. Delay is, accordingly, condoned. 3. Application stands allowed. Ref: Appeal 1. Since the judgment impugned in the special appeal was also the subject matter of challenge in Special Appeal Defective No.347 of 2025, which has since been allowed by a separate order passed today primarily on the ground that State was not given opportunity to file counter affidavit, we allow the present appeal also on the same ground as in the present case also effective opportunity of contest has not been given to the State. Judgment of learned Single Judge dated 27.2.2025 is set aside. 2. The respondents undertake to file counter affidavit within three weeks. Rejoinder affidavit, if any, may be filed within two weeks, thereafter. 3. Learned Standing counsel undertakes to file counter affidavit in the writ petition within four weeks. Rejoinder affidavit, if any, may be filed within one week, thereafter. 4. List the writ petition in the third week of July, 2025 before the learned Single Judge for a fresh consideration of cause. 5. Special appeal is, accordingly, allowed. Order Date :- 16.5.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad