Allahabad High Court
SPLA/1154/2005 of STATE OF U.P.THROUGH PRIN SECY RURAL IN RE W.P.NO.160 S/S 04 Vs GOPAL MISRA on 18 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL No. - 1154 of 2005 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. (Order on Delay Condonation Application) 1. Heard. 2. This special appeal was filed by the State on 21.12.2005 challenging the judgement and order dated 17.5.2005
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
SPECIAL APPEAL No. - 1154 of 2005
Court No. - 1
HON'BLE RAJAN ROY, J.
HON'BLE RAJEEV BHARTI, J.
(Order on Delay Condonation Application)
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1. Heard.
2. This special appeal was filed by the State on 21.12.2005 challenging the judgement and order dated 17.5.2005 passed by the writ Court in Writ Petition No. 160 (S/S) of 2004.
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.
4. The appeal was apparently filed with a delay of 7 months and 15 days. Twenty years have passed since filing of this appeal, the delay has not been condoned as yet. In the meantime, as informed by the appellant's counsel, the impugned judgement has been complied and all the respondents were appointed on the post of Gram Vikas Adhikari. Except for respondent no.5 who left the services in the interregnum, all others are Versus Counsel for Appellant(s) : C.S.C Counsel for Respondent(s) : A.K.Jaiswal State Of U.P.Through Prin Secy Rural In Re W.P.No.160 S/S 04 .....Appellant(s) Gopal Misra .....Respondent(s)
working and some of them have been duly promoted to the higher post, however, we are not concerned with the merits of the matter at this stage, but only with the question of delay in view of a recent judgement of the Hon’ble Supreme Court 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. We have gone through the affidavit in support of the application for condonation of delay and do not find the explanation offered therein to be sufficient and satisfactory. The affidavit only speaks of the movement of file from one office desk to another, which is hardly an explanation for such an inordinate delay of more than 7 months in filing the appeal. When tested on the anvil of the recent decision in the case of Shivamma (supra), wherein the law on the subject of condonation of delay has been elucidated and verified after considering several earlier decisions of the Hon'ble Supreme Court, we are of the opinion that it is not a fit case to condone the delay in filing the appeal.
6. Accordingly, we reject the application for condonation of delay.
7. Consequently, the appeal also stands dismissed. December 18, 2025 Shravan SPLA No. 1154 of 2005 2 (Rajeev Bharti,J.) (Rajan Roy,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench