SPECIAL APPEAL DEFECTIVE No. 127 of 2012 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 127 of 2012 State Of U.P.Through Secy. Administration And Ors. .....Appellant(s) Versus Jawahar Lal Prajapati And Another .....Respondent(s) Counsel for Appellant(s) : C.S.C. Counsel for Respondent(s) : Raj Kumar Singh, Ravi Singh, Sri Raj Kumar Singh Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. Order on C.M. Application No.23415 of 2012 1. This is an application seeking condonation of delay in filing the appeal supported with an affidavit. 2. Heard. 3. This is an appeal filed by the State appellants on 14.03.2012 challenging the judgment and order dated 26.08.2011 passed in Writ Petition No.3268 (S/S) of 2011. The appeal is filed with a delay of atleast five months and seventeen days. The judgment impugned is dated 26.08.2011, whereas the appeal has been preferred only on 14.03.2012. The limitation for filing such an appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 is 30 days as prescribed vide Chapter IX Rule 10 of the Allahabad High Court Rules, 1952 read with Article 117 of the Schedule appended to the Limitation Act, 1963. 4. Before filing of the appeal, as inf