JUDGMENT :

M.S. Ramachandra Rao, C.J.

I.A. No. 3538 of 2023 in L.P.A. No. 174 of 2023

1. This application is filed under Section 5 of the LIMITATION ACT ,1963 to condone the delay of 336 days in filing the Letters Patent Appeal challenging the judgment dt. 05.04.2022 of the learned Single Judge in W.P. (S) No. 1194 of 2009.

2. In the affidavit filed in support of this application, it is stated that the said order was communicated to the applicant-Department on 29.04.2022; that the respondents made representation on 09.05.2022 and 13.05.2022 enclosing copy of the impugned order which were received on 10.05.2022 and 19.05.2022; matter was then placed before the Under Secretary of the Department on 11.05.2022 and a detailed note was also put up on26.08.2022.

3. This note appears to have been put up almost four months after the copy of the judgment of the learned Single Judge was communicated to the applicant-department and the reason for the delay in putting up the note of four months is not explained.

4. It is next stated in the application filed for condonation of delay that the Under Secretary to the Department, two months later on 26.10.2022 raised a query which was answered by the Se