JUDGMENT :

Om Prakash Shukla, J.

(C.M. Application 1 of 2023 : Application for Condonation of Delay)

(1) Heard Shri V.P. Nag, learned Standing Counsel representing the State authorities/appellants and Shri Mohammad Saifuddin, learned Counsel representing the respondent/writ petitioner.

(2) There is delay of 128 days in filing the special appeal. The appeal is accompanied with an application for condonation of delay supported by an affidavit.

(3) Learned Counsel representing the respondent/writ petitioner does not have any objection, if delay in filing the instant appeal is condoned and the matter is heard on merits.

(4) Cause shown in the affidavit filed in support of application for condonation of delay is satisfactory and in absence of any objection, application for condonation of delay is allowed and delay in filing the special appeal is hereby condoned.

(Order on Appeal)

(5) This intra Court appeal under Rule 5 of Chapter VIII of the Allahabad High Court Rules, 1952 has been filed by the State authorities/appellants, assailing the judgment/order dated 20.03.2023 passed by the learned Single Judge in Writ-A No. 19513 of 2019, whereby the learned Single Judge, while disposing of the writ