Union Territory Of Jammu And ... vs Ashwani Kumar Sharma And Others
2022 Latest Caselaw 770 j&K

                                                                    Sr. No.17

         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU

                                               LPA No.45/2020
                                               CM Nos.2067/2020 &
                                               2068/2020

Union Territory of Jammu and Kashmir            .....Appellant(s)/Petitioner(s)
and others
                      Through: Mr. Amit Gupta, AAG.
                 Vs

Ashwani Kumar Sharma and others                               ..... Respondent(s)

                      Through: Mr. Abhinav Sharma, Sr. Advocate with
                               Mr. Vishal Sharma, Advocate.

Coram:    HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE
          HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE

                                   ORDER

11.05.2022

CM No.2067/2020

(Open Court)

Per: Thakur-J

1. This is an application seeking condonation delay in filing the Letters

Patent Appeal against the judgment and order dated 26.03.2019 passed by

the writ court.

2. The delay of 234 days in preferring the present appeal is sought to

be explained by stating that a copy of the judgment and order was

forwarded to the Power Development Department who in consultation with

the legal team in the Civil Secretariat undertook the exercise of collecting

relevant material for examining the matter and it was opined that an appeal

be filed against the impugned judgment. It is stated that against the

judgment and order dated 26.03.2019, an LPA came to be preferred not by

the Government but by those who were affected by the said judgment

which came to be disposed of finally on 03.06.2019. It is stated that upon

receipt of the judgment and order dated 03.06.2019 passed in LPA

No.126/2019, the matter was got examined by the Department of Law,

Justice and Parliamentary Affairs for its opinion and examination. The Law

CM Nos.2067/2020 & 2068/2020

Department appears to have opined that an SLP may be filed which was

done pursuant to communication dated 29.08.2019 and SLP is stated to

have been filed thereafter along with condonation of delay application which

came to be dismissed as the delay was not condoned.

3. It is stated that after the dismissal of the SLP, the matter was

taken up again in regard to filing of present Letters Patent Appeal and vide

communication dated 18.10.2019, the Department of Law, Justice and

Parliamentary Affairs advised the filing of the present LPA, which was filed

on 16.01.2020.

4. We have gone through the application in detail and also have heard

learned counsel for the applicant, Mr. Amit Gupta, AAG, who has highlighted

the fact that a similar appeal along with application for condonation of delay

came to be dismissed by this Bench vide judgment and order dated

13.04.2022 passed in LPA No.15/2020.

5. In view of the fact that a similar application in an appeal filed by

the Union Territory of Jammu and Kashmir which arose out of the same

judgment and order dated 26.03.2019 has already been dismissed, we do

not wish to condone the delay as has been prayed for and accordingly

dismiss the application along with connected Letters Patent Appeal.

                        (Rahul Bharti)            (Dhiraj Singh Thakur)
                            Judge                         Judge

Jammu
11.05.2022
Surinder