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Allahabad High Court

SHYAM SUNDAR YADAV AND 88 OTHERSversusSTATE OF UP AND 2 OTHERS

Decided

Holding

The intra‑court appeal lacks merit and is dismissed, though the delay is condoned.

Summary

The appellants filed an intra‑court appeal 64 days after the single judge’s order dismissing their writ petition, seeking condonation of the delay. The court found the cause shown sufficient and allowed the delay condonation. The appeal challenged the dismissal, which was based on a Supreme Court ruling that only candidates who had approached the Court before 31 December 2019 could claim relief, labeling others as "fence‑sitters." The appellants argued they had no proceedings before the cut‑off date and possessed high merit, but no evidence was presented to show they were part of the Supreme Court proceedings. The court held that the Supreme Court’s limitation was correctly applied and there was no error in the single judge’s order. Consequently, the intra‑court appeal was dismissed without costs.

Issues considered

  • Whether a delay of 64 days in filing the intra‑court appeal can be condoned.
  • Whether the appellants are entitled to relief despite the Supreme Court’s cut‑off date ruling labeling them as "fence‑sitters".
  • Whether the single judge’s dismissal of the writ petition, following the Supreme Court precedent, is maintainable.

Subjects

  • delay condonation
  • intra‑court appeal
  • Supreme Court precedent
  • fence‑sitters
  • writ petition
  • relief denial

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                 SPECIAL APPEAL DEFECTIVE No. - 668 of 2026

Shyam Sundar Yadav And 88 Others
                                                                   .....Appellant(s)
                                         Versus

State Of Up And 2 Others
                                                                 .....Respondent(s)

Counsel for Appellant(s)              : Rajesh Yadav, Vinay Kumar Yadav
Counsel for Respondent(s)             : C.S.C., Kushmondeya Shahi

Court No. - 39
                 HON'BLE SAUMITRA DAYAL SINGH, J.
                 HON'BLE SWARUPAMA CHATURVEDI, J.

Civil Misc. Delay Condonation Application No. 01 of 2026

1.   Heard       Sri   Rajesh   Yadav,     learned   counsel    for    the   original
petitioners/appellants; Sri Dinesh Kumar, holding brief of Sri Kushmondeya
Shahi, learned counsel for the respondent no.3 and learned Standing Counsel
for the State.

2. Present appeal has been filed with a delay of 64 days.

3. Cause shown is sufficient. Delay in filing the present appeal is condoned.
Delay condonation application is allowed.

Order on Appeal

4. Present intra-Court appeal has arisen against the order of the learned
single judge dated 29.05.2026 in Shyam Sundar Yadav And 355 Others
Vs. State of U.P. And 2 Others, 2026:AHC:123375. Thereby, learned
single judge has dismissed the writ petition following the decision of the
Supreme Court dated 29.01.2025 in State of U.P. vs Neeraj Kumar
Pandey & Ors., Special Leave Petition (C) No. Nil of 2025 (Diary
No.18516/2019). In paragraph 16 of that order, the Supreme Court has
categorically stated as below:

      "16. It is made clear that only those candidates who have approached this
      Court with writ petitions/interlocutory applications seeking intervention,
      impleadment, etc. any time before 31st December, 2019 shall be entitled
                                                                                                       SPLAD No. 668 of 2026
                                                                             2


                                            to the benefit of this order. Relief is declined to the others on the ground
                                            that they were fence-sitters."

                                    5. On specific query, learned counsel for the appellant states that no
                                    proceeding had been instituted before the cut-off date 31.12.2019.

                                    6. However, it is his submission that the original petitioners/appellants had
                                    scored very high merit. At present, there is no other material before us to
                                    infer that the original petitioners/appellants were party to the proceeding
                                    before the Supreme Court.

                                    7. Be that as it may, once the Supreme Court has closed the remedy to the
                                    persons such as the original petitioners/appellants describing them to be
                                    "fence-sitters" not entitled to any relief, there is no error in principle in the
                                    order of learned single judge in correctly following the decision of the
                                    Supreme Court.

                                    8. Accordingly, present intra-Court appeal lacks merit and is dismissed. No
                                    order as to costs.



                                                   (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)
                                    September 17, 2026
                                    #Vikram/-




Digitally signed by :-
VIKRAM GUPTA
High Court of Judicature at Allahabad


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