Bashir Ahmad And Anr vs Government Of J And K And Ors
2025 Latest Caselaw 2348 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Bashir Ahmad And Anr vs Government Of J And K And Ors on 16 December, 2025

Author: Sanjeev Kumar

Bench: Sanjeev Kumar

                                                      Serial No. 19
                                                     Reg CAUSE LIST


  IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR

                                   LPA 84/2025 in
                                 [WP(C) 2330/2021]

BASHIR AHMAD AND ANR.                                 ...Petitioner(s)


Through:     Mr. Nissar Ahmad, Advocate


                                       Vs.


GOVERNMENT OF J AND K AND ORS.                       ...Respondent(s)

Through:     Mr. Waseem Gul, GA


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

16.12.2025

CM (8414/2025)

1. This is an application seeking condonation of delay of

557 days in filing LPA No. 84/2025 in which the

appellants have laid challenge to an order and judgment

dated 08.08.2023 passed by learned Single Judge of this

Court ["Writ Court"] in WP(C) No. 2330/2021.

2. The delay is sought to be condoned on the ground that

prior to filing of the appeal, the appellants/applicants

had filed a review petition before the Writ Court on

01.12.2023, which came to be dismissed as barred by

limitation on 17.02.2025.

3. It is pleaded that the delay in filing the review petition

before the Writ Court had occurred due to the applicants

having taken some time to collect the relevant documents

demonstrating that they had been paid the compensation

only for one marla of land falling under Survey No. 766

situated at Moza Zewan, whereas, the total land under

occupation of the respondents was 2 kanals and 10

marlas.

4. The review petition itself was delayed by 100 days. It is

thus submitted that after dismissal of the review petition

by the Writ Court on 17.02.2025, the appellants were left

with no option but to file an appeal, which was filed on

16.04.2025.

5. The respondents have though caused their appearance

but have chosen not to file any objections.

6. Having heard learned counsel for the parties and

perused the material on record, we are of the considered

opinion that delay of approximately 100 days in filing this

appeal has been adequately justified.

7. The delay of this 100 days, as taken note of hereinabove

is justified by the appellants/applicants on the ground

that took some time to collect the relevant record from

the revenue department so as to demonstrate that the

impugned judgment suffered from an error apparent on

face of record.

8. Be that as it may, having regard to the facts and

circumstances of the case and sufficient causeNuzhathaving Shafi

authenticity of this document

18.12.2025 10:21 been shown in filing the belated appeal, this application

is allowed and delay in filing the appeal is condoned,

subject to payment of costs of Rs. 5000/- to be deposited

in Litigants Welfare Fund within a period of one week

from today.

9. Application stands disposed of.

10. Registry to list the main case on 29th December 2025.

              (SANJAY PARIHAR)         (SANJEEV KUMAR)
                  JUDGE                    JUDGE


SRINAGAR:
 16.12.2025