Union Territory Of J&K Thr. Secy. ... vs Ghulam Mohammad Malik
2022 Latest Caselaw 782 j&K/2

                                                     Sr. No. 21
                                                     Regular
     IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
                        AT SRINAGAR

                           LPA No. 162/2020

Union Territory of J&K thr. Secy. To Govt. ...Appellant(s)/Petitioner(s)
PDD and Ors.
Through: Mr. Asif Maqbool, Dy. AG.

                                   Vs.

Ghulam Mohammad Malik.                                       ...Respondent(s)

Through: Mr. Jahangir Iqbal, Sr. Advocate.
         With Mr. Murfat Naseem, Advocate.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE.
                                ORDER

31.05.2022

1. Heard Sh. Asif Maqbool, learned Dy. AG appearing for the appellants

and Sh. Jahangir Iqbal Ganie, learned senior counsel appearing for the

respondent.

2. The appeal is directed against the judgment and order of the Writ

Court dated 14.10.2019. It has been reported to be beyond time by 190 days.

The appellants have not only filed an application for condoning the delay but

a supplementary affidavit in support thereof so as to explain the delay in

filing the appeal.

3. It is alleged that though the judgment and order was passed on

14.10.2019 but the copy of the same was received only on 14.11.2019. At

that time there was turmoil in the entire area due to abrogation of Article 370

of the Constitution. Accordingly, time up to December, 2019 was wasted.

The permission to file appeal which was accorded on 27.02.2020 but due to

Covid-19 outbreak, the appeal could not be filed. The appeal was filed through e-mode on 30.06.2020 but as the same could not be located, the

appellants had to file it again in physical mode in December, 2020.

4. The appellants have broadly explained the delay but there is no

explanation as to what the authorities were doing during the month of

January and February. They could have granted sanction for filing of the

appeal in January itself. The closure of the Courts in January, 2020 would not

have affected the grant of such a permission. There is no material to establish

filing of the appeal through e-mode on 30.06.2020 or to indicate that the

appeal so filed could not be located which forced the appellants to file appeal

again in a physical mode.

5. Nonetheless, since substantial cause has to be advanced ignoring the

technicalities, as the delay has been broadly explained, we condone the delay

in filing the appeal subject to imposition of cost of Rs. 25000/- to be paid to

the respondent within a period of two weeks.

6. Delay condonation application No.6000/2020 is allowed. Office is

directed to list the appeal for consideration on merits on 27.06.2022.

         (MOKSHA KHAJURIA KAZMI)                     (PANKAJ MITHAL)
                         (JUDGE)                      (CHIEF JUSTICE)

SRINAGAR
31.05.2022
Junaid