SPECIAL APPEAL DEFECTIVE No. 516 of 2012 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 516 of 2012 The Prin.Secy. Public Works Deptt.Lko.And Ors. 4744s/S2006 .....Appellant(s) Versus Shiva Kant Ojha .....Respondent(s) Counsel for Appellant(s) : C.S.C Counsel for Respondent(s) : R.B.Tewari Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. C.M.A. No.57510 of 2012 (Application for Condonation of Delay) 1. Heard. 2. This appeal was filed by the State on 13.07.2012 challenging the judgment and order dated 30.08.2011 passed in Writ Petition No.4744 (S/S) of 2006. 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 9 months and 14 days. 4. We have perused the affidavit filed in support of the application for condonation of delay in filing the appeal. According to which the matter was referred vide letter dated 15.09.2011 to the Chief Engineer, Allahabad Zone, P.W.D. for guidance, who in turn sought necessary instructions and legal opinion vide his letter dated 23.09