Jammu & Kashmir High Court - Srinagar Bench
Ut Of J&K And Others vs Bazil Ahmad Mir on 19 August, 2025
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
Sr. No.23
IN THE HIGH COURT OF JAMMU & KASHMIR AND
LADAKH AT SRINAGAR
CJ Court
CM No.5237/2025
in LPA No.194/2025
UT OF J&K AND OTHERS.
...PETITIONER(S)
Through: - Ms. Nadiya Abdullah, Advocate.
Vs.
BAZIL AHMAD MIR
...RESPONDENT(S)
Through: - None.
CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
JUDGMENT
19.08.2025
1) This is an application filed by the applicants/
appellants seeking condonation of delay in filing appeal
against the judgment dated 09.08.2024 passed by the
learned Writ Court in HCP No.79/2023
2) As per report of the Registry, there is a delay of 309
days in filing the appeal. The explanation for the delay
caused in filing the appeal, as projected in the application,
is that the appellants were required to collect record from
subordinate staff and also to obtain legal advice from the
Department of Law, Justic and Parliamentary Affairs and
after the Law Department considered the matter and
decided to challenge the judgment passed by the learned
CM No.5237/2025 in LPA No.194/2025 1|Page
Writ Court and the sanction in this regard was given in
terms of communication dated 16.12.2024 and during this
process a lot of time was consumed resulting in delay in
filing the appeal.
3) Heard and perused the record.
4) Admittedly, the appeal against the impugned
judgment has been filed by the appellant beyond the
prescribed period of limitation and there is a delay of 309
days in filing the appeal. As per the own showing of the
appellants, the sanction to file appeal was granted on
16.12.2024. The appeal along with the instant application
has been filed on 13.08.2025 i.e. after a period of more than
eight months from the date of grant of sanction to file
appeal. No explanation whatsoever has been given by the
appellants for this delay.
5) The Supreme Court in the case of Office of the Chief
Post Master General & Ors. vs. Living Media India Ltd.
& anr. (2012) 3 SCC 563, has observed that it is right time
to inform all the government bodies, their agencies and
instrumentalities that unless they have reasonable and
acceptable explanation for the delay and there was bonafide
effort, there is no need to accept the usual explanation that
the file was kept pending for several months/years due to
considerable degree of procedural red-tape in the process.
CM No.5237/2025 in LPA No.194/2025 2|Page
The Court further observed that the government
departments are under a special obligation to ensure that
they perform their duties with diligence and commitment.
It was also held that condonation of delay is an exception
and should not be used as an anticipated benefit for
government departments because the law shelters everyone
under the same light and should not be swirled for the
6) In view of the aforesaid ratio laid down by the Supreme
Court, it is clear that though some amount of latitude is
permissible in law while considering a prayer for
condonation of delay on behalf of the Government or its
instrumentalities, yet in a case where there is lack of
diligence on the part of the Government and its
functionaries, the court would not come to their rescue. The
present case, is a classic example of lethargy on the part of
the appellants and, therefore, their prayer for condonation
of delay in filing the appeal does not deserve to be accepted.
7) Apart from the above, the order of detention dated
18.08.2023, which was impugned before the learned Writ
Court, has outlived its life and the appeal has been
preferred after the prescribed period of limitation, therefore,
adjudication of the appeal shall be an exercise in futility,
CM No.5237/2025 in LPA No.194/2025 3|Page
particularly when the appellants have not been able to
demonstrate a sufficient cause for condoning the delay.
8) For the foregoing reasons, we do not find any merit in
this application. The same is dismissed accordingly. As a
sequel thereto, the appeal is also dismissed being barred by
limitation.
(RAJNESH OSWAL) (ARUN PALLI)
JUDGE CHIEF JUSTICE
Srinagar
19.08.2025
"Bhat Altaf"
Whether the judgment is reportable: No
CM No.5237/2025 in LPA No.194/2025 4|Page
