State Of J&K And Others vs Sunil Tickoo
2022 Latest Caselaw 253 j&K

                                                                           Sr. No. 24



      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU
CJ Court

Case: LPA No. 56 of 2019

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

                                 Through :- Sh. KDS Kotwal, Dy. AG.
                          v/s

Sunil Tickoo                                                       .....Respondent(s)
                                 Through :- None.


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

                                    ORDER

1. The State has preferred this appeal against the judgment and order

dated 03.11.2018 passed by the writ court.

2. The appeal is reported to be beyond time by 45 days.

3. The respondent had appeared in person before the Registry and has

collected the relevant papers for the purpose of filing response to the delay

condonation application. The respondent has not engaged any counsel and has

also not filed any objections to the delay condonation application despite

having obtained it from the Registry on 16.07.2019.

4. The order sheet reveals that the respondent has not been attending

the court proceedings thereafter.

5. We have considered the delay condonation application and find that

the appellants have taken due steps for filing the appeal in time but for the fact

that the Department of Law, Justice and Parliamentary Affairs took sufficient

time in considering the matter and in granting permission to file the appeal.

There appears to be no willful or deliberate delay in filing the appeal.

6. Accordingly, in the facts and circumstances, we are satisfied that the

appellants were prevented by sufficient cause from filing the appeal in time,

therefore, the delay of 45 days in filing the appeal is hereby condoned.

7. Delay condonation application (CDLSW) No. 15/2019 is allowed.

8. List the appeal on 19.05.2022 for admission/final disposal.

9. Registry is directed to issue fresh notice to the respondent on the

appeal, for which, steps may be taken within a week.

                            (SINDHU SHARMA)                (PANKAJ MITHAL)
                                      JUDGE                  CHIEF JUSTICE


JAMMU
22.02.2022
Abinash