HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 532 of 2012 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. C.M.A. No.61545 of 2012 (Application for Condonation of Delay) 1. Heard learned Standing Counsel for the State and Shri Sudhir Kumar Misra, learned counsel for the respondent. 2. The present appeal was filed by the State on 24.07.2012 challenging the judgment and order dated 12.10.2011 passed in Writ Petition No.7371 (S/S) of 2011. 3. The limitation for filing special appeal 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. The appeal was filed with a delay of 8 months and 13 days as on as on 24.07.2012, i.e. the date of filing. 4. We have gone through the affidavit filed in support of the application for condonation of delay and do not find the same to be satisfactory. Except for mentioning as to how the matter travelled from one desk/office to another no other explanation has been given. Permission for filing the appeal itself was granted in December 2011 and was received by the appellant on 04.01.2012 yet the appeal was filed on 24.07.2012. In the interregnum, the file kept on moving from one desk/office to another. The paper book for preparing the appeal itself was handed over to the Versus Counsel for Appellant(s) : Standing Counsel Counsel for Respondent(s) : Sudhir Kumar Misra State Of U.P.Through Principal Secy.Home .....Appellant(s) Const.6595 Ap Pno 8406606068 Krishna Shanker Rai .....Respondent(s) Standing Counsel on 17.07.2012. There is no satisfactory explanation for the intervening period. When tested on the anvil of the recent decision rendered by Hon'ble the Supreme Court in the case of Shivamma (dead) by LRS Vs. Karnataka Housing Board and Ors. reported in 2025 SCC OnLine 1969, we do not find the explanation offered to be satisfactory, especially considering the inordinate delay. 5. The application for condonation of delay is accordingly rejected, consequently the appeal is also dismissed. December 16, 2025 Anand/- SPLAD No. 532 of 2012 2 (Rajeev Bharti,J.) (Rajan Roy,J.) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench