JUDGMENT :

Sujit Narayan Prasad, J.

The instant intra-court appeal, under clause 10 of the Letters Patent, is directed against the order/judgment dated 05.08.2019 passed by learned Single Judge of this Court in W.P. (S) No. 6682 of 2012 whereby and whereunder the writ petition has been dismissed by refusing to pass any positive direction in favour of the appellant.

I.A. No. 6726 of 2023

2. The instant appeal is admittedly barred by limitation since there is delay of 399 days in preferring the appeal, therefore, an application being I.A. No. 6726 of 2023 has been filed for condoning such delay.

3. This Court, after taking into consideration the fact that the instant intra-court appeal has been filed after inordinate delay of 399 days, deems it fit and proper, to first consider the delay condonation application before going into the legality and propriety of the impugned order on merit

4. Learned counsel for the applicant-petitioner has submitted that delay in preferring the appeal may be condoned by allowing the Interlocutory Application on the basis of grounds shown therein treating the same to be sufficient.

5. The only ground for condoning the delay in preferring the appeal, as has been