U.T. Of J&K vs Ajit Singh
2024 Latest Caselaw 2040 j&K

Jammu & Kashmir High Court

U.T. Of J&K vs Ajit Singh on 7 October, 2024

Bench: Sanjeev Kumar, Sanjay Dhar

                                         S. No. 19
                                         Regular Cause List
       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       AT JAMMU

Case:- LPA No. 244/2023
       CM No. 7988/2023
       CM No. 7989/2023

  U.T. of J&K                                   ...Appellant(s)/Petitioner(s)

Through: Ms. Chetna Manhas, Advocate vice
         Mr. Amit Gupta, AAG

                                   Vs.

  Ajit Singh                                                  ...Respondent(s)


Through: Mr. Mohsin Bhat, Advocate

CORAM:
 HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
 HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
                               ORDER

07.10.2024

01. The appeal under Clause 12 of the Letters Patent filed by the

appellant against an order/judgment dated 21.12.2017 passed by the

learned Single Judge of this Court [Writ Court] in SWP No. 1166/2012

is delayed by 2132 days. Hence, this application seeking condonation of

delay under Section 5 of the Limitation Act.

02. In the application, it is submitted that the judgment passed by the

Writ Court on 21.12.2017 was taken cognizance of by the Executive

Engineer concerned on 23.01.2018 and the matter was taken up with the

higher authorities and the same remained pending till the decision was

taken to file an appeal on 18.12.2018.

03. It is submitted that consequent upon such decision, the file was

handed over to the learned counsel for drafting the appeal on 09.01.2019.

Learned counsel for the State also took some time and in this way, the

appeal got delayed by 2132 days.

04. We have considered the application and the explanation tendered.

We are not satisfied with the cause shown, which prevented the appellant

from filing the appeal within time. We understand that in the

Government working, where there is no personal responsibility of the

officers dealing with the files, yet taking more than 2000 days to decide

as to whether the appeal should be preferred against an order is

inexplicable. In short, the cause shown by the appellant is not sufficient

for showing indulgence to condone the huge delay of more than 2000

days.

05. The application is, accordingly, dismissed and consequently, the

appeal also stands dismissed.

                     (SANJAY DHAR)                 (SANJEEV KUMAR)
                          JUDGE                          JUDGE

JAMMU
07.10.2024
Mihul



                           Whether the order is speaking: Yes/No
                           Whether the order is reportable: Yes/No