JUDGMENT :

Surya Prakash Kesarwani, Vikas Budhwar, JJ.

1. Present intra-court appeal, purported to be under Chapter 8 Rule 5 of the Rules of the High Court 1952, has been instituted by the appellant challenging the valildity and the correctness of the judgment and order dated 20.10.2010 passed by the learned Single Judge in Civil Misc. Writ Petition No. 62959 of 2010, Hariom Sharan Srivastava Vs. State of U.P. and others.

2. Though the present appeal was filed with delay condonation application, and the delay was condoned by virtue of the order dated 28.8.2012. Today, when the matter came up before this Court, then the learned counsel for the appellant as well as the learned Standing Counsel appearing for the Respondent nos.1 to 5 requested the Court to decide the present appeal at the admission stage itself. Though, notices were issued to Respondent no.6, but no response has been filed by it. Hence in the circumstances, this Court is proceeding to decide the appeal on the basis of the material available on record.

3. Heard Sri Siddhartha Srivastava holding brief of Sri Yogish Kumar Saxena, learned counsel for the petitioner and Smt. Shubhra Singh, learned counsel for the State respond