SPECIAL APPEAL DEFECTIVE No. 53 of 2026 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 53 of 2026 State Of U.P. Thru. Its Secy. Horticulture Deptt. Lko And 2 Others .....Appellant(s) Versus Benche Lal Kisan .....Respondent(s) Counsel for Appellant(s) : C.S.C. Counsel for Respondent(s) : Mohd. Ateeq Khan Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE MANJIVE SHUKLA, J. (C. M. Application No. 1 of 2026) 1. This is an application for condonation of delay in filing special appeal supported with affidavit. 2. Heard learned Additional Chief Standing Counsel for the State- appellants and Mohd. Ateeq Khan, learned counsel for the respondent. 3. The Special Appeal has been filed by the State on 16.01.2026 challenging the judgment and order dated 17.12.2024 passed by the learned Single Judge in Writ - A No. 12150 of 202024. 4. As per the reporting there is a delay of 365 days in filing the special appeal. The limitation prescribed for filing such appeals under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 is 30 days vide Chapter IX Rule 10 of the Rules, 1952 read with Article 117 of the Schedule appended to the Limitation Act, 1963. 5. We have perused the affidavit filed in support of the a