Jammu & Kashmir High Court
State Of J&K And Ors vs Yash Pal Sing on 26 May, 2025
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
Sr. No. 1
Suppl. List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
(Through V.C.)
RP 35/2019 IN [LPASW 77/2002]
STATE OF J&K AND ORS. ...PETITIONER(S)
Through: - Mr. Ravinder Gupta, AAG
Vs.
YASH PAL SING. ...RESPONDENT(S)
Through:- Mr. Atul Verma, Advocate
CORAM:
HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
ORDER
26.05.2025
1. A petition seeking review of the judgment dated 20th February,
2014, passed by this Court in LPA(SWP) No. 77/2002 titled
"State of J&K Vs. Yash Pal Singh" is delayed by 1878 days
and, therefore, the instant application seeking condonation of
delay.
2. In the application, it is pleaded by the appellants that they
became aware of the judgment passed by this Court dated 20th
February, 2014, in time and the process was initiated by the
Chief Engineer PW(R&B) Division, Jammu, vide his
communication dated 23rd April, 2014, whereby the matter was
brought to the notice of the Administrative Department.
Sometime was consumed in collecting some factual note from
the concerned Division as also the necessary documents.
3. It is submitted that after collecting all the requisite information
and documents, the matter was taken up with the Department
of Law, Justice and Parliamentary Affairs, for grant of sanction.
The sanction was granted by the Department on 7th August,
2018, and after obtaining the sanction from the Department of
Law, Justice and Parliamentary Affairs, the review petition was
filed before this Court on 21st May, 2019. Even if we were to
accept the explanation tendered by the respondents till August,
2018, when the sanction was granted by the Department of
Law, Justice and Parliamentary Affairs, there is no explanation
forthcoming to justify the delay of almost one year even after
the sanction was granted.
4. We have gone through the application filed by the
applicants/review petitioners seeking condonation of delay and
are of the opinion that the appellants have miserably failed to
demonstrate sufficient cause which prevented them from filing
review petition within the statutory period. The delay of 1878
days has thus remained to be explained. What is submitted by
the applicants/review petitioners in the application is nothing
but ipse dixit of the petitioners and does not constitute any
cause much less sufficient cause which prevented the
petitioners to file the review petition within prescribed period.
5. For the aforesaid reasons, we find no merit in this application
and the same is, accordingly, dismissed. Consequently, the
review petition filed is also dismissed.
(SANJAY PARIHAR) (SANJEEV KUMAR)
JUDGE JUDGE
Srinagar,
26.05.2025
"Mir Arif"
