Union Territory Of J And K And vs Ghulam Mohammad Sheikh
2025 Latest Caselaw 570 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Union Territory Of J And K And vs Ghulam Mohammad Sheikh on 8 August, 2025

Author: Sindhu Sharma

Bench: Sindhu Sharma

                                                            S. No. 18
                                                            Regular Cause List
IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH
                   AT SRINAGAR
                    CM(1835/2024) IN LPA 78/2024
UNION TERRITORY OF J AND K AND
ORS.                                                ...Appellant(s)/Petitioner(s)
Through: Mr. Illyas Laway, GA

                                     Vs.
GHULAM MOHAMMAD SHEIKH
                                                     ...Respondent(s)
Through: Mr. B. A. Zargar, Advocate

CORAM:
        HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
        HON'BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE

                                 ORDER

08.08.2025

01. This application has been filed by the UT of J&K, seeking condonation

of 275 days' delay in filing the above titled Letters Patent Appeal (LPA),

against the Judgment dated 02.05.2023 in SWP no. 1786/2013 titled

Ghulam Mohammad Sheikh vs. UT of JK and others. The applicants

submit that after the judgment was passed, applicants took steps to

forward the same to the Department which took time for consultation

regarding filing of appeal with the Administrative Department as well as

the Law Department. After consultation, the sanction to file the LPA was

received by them on 18.01.2024. The time which has been spent for

consultation and obtaining sanction for filing the appeal causing delay in

filing the LPA is due to administrative reasons and not otherwise.

02. Respondent has vehemently opposed the application seeking condonation

of delay on the ground that applicants have not been vigilant in pursuing

their remedy and they have not explained the delay in proper manner.

03. It is well settled that when delay is occasioned at the behest of the

Government, the approach of the Court should be pragmatic. This

view was held by the Apex Court in the Special Tehsildar, Land

Acquisition, Kerala vs. K. V. Ayisumma, AIR 1996 SC 2750.

04. In view of the aforesaid facts and circumstances, we find a sufficient

cause for condoning 275 days' delay is made out. Accordingly, delay of

275 days in filing the appeal is condoned subject to cost of Rs.5000/- to

be paid to the respondent before the next date.

05. Registry to list the LPA on 29.08.2025.

                                                     (SHAHZAD AZEEM)             (SINDHU SHARMA)
                                                             JUDGE                        JUDGE
                    SRINAGAR
                    08.08.2025
                    "Imtiyaz"