SPECIAL APPEAL DEFECTIVE No. 317 of 2025 at Lucknow

Neutral Citation No. - 2025:AHC-LKO:44959-DB Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 317 of 2025 Appellant :- State Of U.P. Thru. Addl. Chief Secy. Horticulture U.P. Lko. And 2 Others Respondent :- Somveer Singh And 4 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Mohd. Ateeq Khan Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Order on C. M. Application No. 1 of 2025 1. This is an application seeking condonation of delay in filing the appeal. 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