Union Territory Of J And K And vs Tahir Mohi U Din Shah
2025 Latest Caselaw 1761 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Union Territory Of J And K And vs Tahir Mohi U Din Shah on 10 October, 2025

Author: Sindhu Sharma

Bench: Sindhu Sharma

                                                          S. No. 06
                                                          Regular Cause List

IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH
                    AT JAMMU

                              CM(5377/2024) IN
                               LPA 226/2024
UNION TERRITORY OF J AND K AND
ANR                                               ...Appellant(s)/Petitioner(s)
Through: Mr. Ilyas Nazir Laway, GA

                                    Vs.
TAHIR MOHI U DIN SHAH
                                                   ...Respondent(s)
Through: Mr. Altamash Rashid, Advocate

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

                                  ORDER

10.10.2025

01. This is an application seeking condonation of 397 days of delay in filing the Letters Patent Appeal (LPA) against the Judgment/Order dated 30.05.2023 passed in OWP no. 1243/2013 c/w CPOWP no. 94/2016.

02. The learned counsel submit that after Judgment was passed, they took up the matter with the Administrative Department and sought legal opinion in consultation with the law departmental. Thereafter some time was also consumed to collect the record from the concerned offices.

03. The consultation regarding filing of appeal took time till sanction was received from the Law Department for filing an appeal in this matter. The delay which has accrued is neither deliberate nor intentional but due to administrative exigency involved for receiving the sanction.

04. The respondents have opposed the condonation of delay on the ground that the explanation tendered is of routine matter and the respondents have not been vigilant in pursuing the matter. They have not explained the delay in the matter.

05. Having regard to the submissions made by the parties, we are of the opinion that where delay is occasioned at the behest of the appellants

CM(5377/2024) IN

and the Court should be pragmatic as held by the Apex Court in Special Tehsildar Land Acquisition Kerala vs. K. V. Ayisumma.

06. In view of the aforesaid, we are of the view that the applicants/appellants have provided sufficient cause for condoning the delay and in the interest of justice, delay is condoned. CM disposed of.

07. Appeal is taken on board and list for consideration on 28.11.2025.

                                                    (SHAHZAD AZEEM)           (SINDHU SHARMA)
                                                            JUDGE                       JUDGE
                    SRINAGAR
                    10.10.2025
                    "Imtiyaz"