State Of J&K And Others vs Abdul Aziz & Ors
2021 Latest Caselaw 232 j&K

          HIGH COURT OF JAMMU AND KASHMIR                         Sr. No. 209
                     AT JAMMU
CJ Court

Case : CDLSW No. 35 of 2019
       c/w
       LPA No. 87 of 2019

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


                                Through:-      Sh. Aseem Sawhney, AAG

                          V/s

Abdul Aziz & ors.                                        .....Respondent(s)

                                Through:-      Sh. Vikas Magotra,
                                               Advocate

      CORAM :
      HON'BLE THE CHIEF JUSTICE
      HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE

                                 ORDER

1. Heard Sh. Aseem Sawhney, learned counsel for the appellants and

Sh. Vikas Magotra, learned counsel for the respondents.

2. This Letters Patent Appeal has been reported to be beyond time by

1067 days.

3. The appellants have moved an application for condoning the

delay. The averments made in the application reveal that the impugned

judgment and order was passed on 01.02.2016 and that appellant No. 4,

who had joined PHE Division, Poonch on 13.12.2017, came to know of it

through letter dated 03.07.2018 of the Public Law Officer of

Administrative Department. It is thereafter that the steps were taken to file

the appeal.

4. There is no whisper in the application as to what the appellants

were doing between February, 2016 till July, 2018. There is no

explanation whatsoever for this period of more than two years.

5. In view of the above, we do not find that the delay has been

sufficiently explained or that the appellants were prevented by sufficient

cause from filing the appeal in time. Accordingly, delay condonation

application is rejected and consequently, the appeal is dismissed as barred

by time.

                                           (SINDHU SHARMA)                (PANKAJ MITHAL)
                                                    JUDGE                   CHIEF JUSTICE
                  JAMMU
                  03.03.2021
                  Ram Murti
                                    Whether the order is speaking         :    Yes/No
                                    Whether the order is reportable       :    Yes/No




RAM MURTI
2021.03.04 10:20
I attest to the accuracy and
integrity of this document