State Of J&K & Ors vs Arshid Hussain Dar
2022 Latest Caselaw 1705 j&K/2

                                                       S.No. 11
                                                       After Notice



   HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                  AT SRINAGAR


                                              CDLSW No. 4/2019

State of J&K & Ors.                                 ... Appellant(s)

                       Through: Mr. Sheikh Mushtaq, AAG

                              V/s

Arshid Hussain Dar                                  ...Respondent(s)


                       Through: Mr. R.A Bhat, Advocate


CORAM: HON'BLE THE CHIEF JUSTICE
   HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI,JUDGE.

                             ORDER

06.10.2022

1. There is a delay of 189 days in filing the appeal which was

attributed to procedural delay alone. The appellants were

directed to file a better affidavit to explain the delay. Better

affidavit has been filed wherein it has been stated that on

receipt of the certified copy of the impugned judgment and

order, which was forwarded to the Chief Education Officer,

Pulwama, for necessary instructions where upon the Law

department accorded permission to file the appeal on

28.08.2018, and that there is no wilful, deliberate or intentional

delay in filing the appeal.

2. In the overall facts and circumstances of the case, the pleadings

in the condonation of delay application and the affidavit, the

appellants have shown sufficient cause for not filing the appeal

in time.

3. Accordingly delay in filing the appeal is condoned subject to

payment of costs of Rs. 10,000/- which shall be deposited by

the appellants with the Registry within a period of four weeks

from today.

Condonation of Delay application no. 4/2019 is allowed.

Registry to diarize the LPA and list it accordingly.

               (MOKSHA KHAJURIA KAZMI)             (PANKAJ MITHAL)
                          JUDGE                       CHIEF JUSTICE
SRINAGAR
06.10.2022
"Nuzhat"