SPECIAL APPEAL DEFECTIVE No. 540 of 2011 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 540 of 2011 State Of U P Thr.Prin.Secy.Forest Inre 8466 S/S 2009 .....Appellant(s) Versus Avinash Chandra Saxena S/O Late M P Saxena And 7 Ors. .....Respondent(s) Counsel for Appellant(s) : C.S C Counsel for Respondent(s) : Rajesh Singh Chauhan, Ankur Yadav, Rama Nand Yadav, Santosh Kr. Yadav Warsi Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE MANJIVE SHUKLA, J. C.M. Application No.75044 of 2011 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. The application is allowed and the delay in filing the appeal is condoned. Order on Special Appeal 4. This is an appeal filed by the State challenging the judgment and order dated 26.08.2010 passed in Writ Petition No.8466 (S/S) of 2009; Avinash Chandra Saxena and ors. vs. State of U.P. and ors. The writ petition has been allowed on the strength of a decision dated 21.08.2008 passed in similar Writ Petition No. 5902 (S/S) of 2005; Ghanshyam Singh and anr. vs. State of U.P. and ors. It is informed that against the said judgment dated 21.08.2008 passed in Ghanshyam