HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 40518 of 2026 Court No. - 36 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Dhiraj Srivastava, learned counsel for petitioner and Sri P. Tripathi, learned Standing Counsel for State. 2. Learned counsel for petitioners submits that against a similar nature of impugned order, this Court has passed an order dated 23.09.2026 in Writ C No. 38420/2026 whereby said impugned order was set aside and matter was remitted back to concerned Authority to pass a fresh order on application for condonation of delay. 3. Learned Standing Counsel has not able to dispute aforesaid submissions. 4. In view of above, impugned order dated 01.09.2026 in present writ petition is set aside and matter is remitted back to Appellate Authority to pass a fresh order in the light of directions made in above referred writ petition and for reference, paragraph 8 of said order is quoted below :- "8. Accordingly, impugned order dated 01.09.2026 is hereby set aside and matter is remitted to Appellate Authority to pass a fresh order on application for condonation of delay taking note of material available as well as observations made by this Court vide order dated 02.07.2007 and position of law reiterated by Supreme Court in Shivamma (supra). This exercise shall be concluded preferably within a period of three months from today." 5. With aforesaid observations/directions, this writ petition is disposed of. October 7, 2026 N. Sinha Versus Counsel for Petitioner(s) : Dhiraj Srivastava, Vipul Kumar Counsel for Respondent(s) : C.S.C. (Saurabh Shyam Shamshery,J.) Shripati Das And 5 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad