State Of J&K And Others vs Sheela Devi
2021 Latest Caselaw 659 j&K

                HIGH COURT OF JAMMU AND KASHMIR
                           AT JAMMU


                                                 CM No. 7685/2019
                                                 LPA No. 249/2019
                                                 CM No. 7686/2019.

State of J&K and others                                          .....Appellant(s)

                  Through :- Mr. Raman Sharma, AAG

                          V/s

Sheela Devi                                                    .....Respondent(s)

                  Through :- Mr. R. Koul, Advocate


CORAM :

         HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE
         HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE

                                   ORDER

06.07.2021

CM No. 7685/2019

This is an application seeking condonation of 382 days' delay in

preferring the present Letters Patent Appeal. The delay is sought to be justified

on account of inter-departmental consultation.

We have gone through the application but are not satisfied with the

explanation rendered to justify condonation of delay considering the ratio of

the Apex Court judgment in "Post Master General and others Vs Living Media

India Limited & another" reported in (2012) 3 SCC 563, wherein in paragraph

29, the Apex Court held as under:-

"29. In our view, it is the right time to inform all the government bodies, their agencies and instrumentalities that unless they have reasonable and acceptable explanation for the delay and there was bona fide effort, there is no need to accept the usual explanation that the file was kept pending for several months/years due to considerable degree of procedural red tape in the process. The government departments are under a special obligation to ensure that they perform their duties with diligence and commitment. Condonation of delay is an exception and should not be used as an anticipated benefit for government departments. The law shelters everyone under the same light and should not be swirled for the benefit of a few."

For the aforementioned reasons, we do not find it a good case for

condoning the delay of 382 days in preferring the Letters Patent Appeal. The

application is, accordingly, dismissed along with accompanied appeal.

                                         (Puneet Gupta)                    (Dhiraj Singh Thakur)
                                              Judge                               Judge
            JAMMU
            06.07.2021
            (Naresh)




NARESH KUMAR
2021.07.08 10:50
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