HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL No. - 1119 of 2005 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. (Order on Delay Condonation Application) 1. Heard. 2. This appeal was filed by the State under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 on 9.12.2005 challenging the judgement and order dated 3.11.2004 passed by the writ Court in Writ Petition No. 6967 (S/S) of 1997. 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 had been filed with a delay of 1 year and 5 days as on 8.12.2005. 4. We have gone through the affidavit in support of the application for condonation of delay and do not find sufficient and satisfactory explanation to condone the delay in filing the appeal. The affidavit does not narrate as to whether the Standing Counsel of this Court at Lucknow informed the appellant about the passing of the judgement dated Versus Counsel for Appellant(s) : C.S.C Counsel for Respondent(s) : Shyam Mohan State Of U.P.Through Secy Home Inre W.P.No.6967 S/S 1997 .....Appellant(s) Sageer Khan .....Respondent(s) 3.11.2004 or not. If it did, on which date, as it merely relies upon the receipt of the impugned judgement on 10.1.2005 along with the application of wife of the original petitioner before the writ Court. On 14.2.2005, the Commandant forwarded the application of the wife to the higher officials. The affidavit only speaks of matter being moved from one office desk to another, which is hardly an acceptable explanation for such an inordinate delay, keeping in mind the parameters laid down by the Hon’ble Supreme Court in a recent judgement in the case of Shivamma (Dead) by LRS vs. Karnatka Housing Board and another reported in 2025 SCC OnLine 1969 decided on 12.09.2025. 5. The appellant proceeded in a leisurely manner to seek permission for filing the appeal which appears to have been granted on 25.7.2005. Thereafter, the appeal was filed on 9.12.2005. There is no explanation whatsoever for the intervening period just as there is no satisfactory explanation for the period preceding 25.7.2005. We see no reason to condone the delay in filing the appeal. It is also informed that the impugned judgement has already been complied. 6. Accordingly, we reject the application for condonation of delay. (Order on Appeal) 7. Consequently, the appeal also stands dismissed. December 16, 2025 Shravan SPLA No. 1119 of 2005 2 (Rajeev Bharti,J.) (Rajan Roy,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench