The State Of Madhya Pradesh vs Smt. Urmila Tiwari
2021 Latest Caselaw 1213 MP

                                                                       1                                   WA-325-2021
                                            The High Court Of Madhya Pradesh
                                                        WA-325-2021
                                              (THE STATE OF MADHYA PRADESH AND OTHERS Vs SMT. URMILA TIWARI)


                                    Jabalpur, Dated : 01-04-2021
                                          Shri B D Singh G A, learned counsel for the appellants.

                                          This appeal is directed against the judgment dated 02.12.2019 passed
                                    by the learned Single Judge in W.P. No.14136/2017.
                                          The appeal has been filed belatedly on 18.03.2021. The office has
                                    pointed out that despite grant of Covid relaxation of 365 days in the light of

                                    the judgment of Hon'ble Supreme Court dated 23.3.2020 passed in Suo Motu
                                    Writ Petition (Civil) No.3/2020 (In Re: Cognizance for Extension of
                                    Limitation), the appeal is still time barred with delay of 252 days.
                                          In the application for condonation of delay, the reason given is found
                                    to be vague and what stated is that the sanction for filing the appeal was
                                    granted by the Law Department on 25.1.2020, while the period for filing the
                                    appeal is 90 days and the order against which the appeal has been filed is
                                    dated 2.4.2019. Thus, the sanction was granted belatedly.        It is also stated
                                    that the Officer In-Charge has been appointed by the Collector, Rewa on

                                    4.3.2020. This is again belated step taken by the Collector, Rewa particularly
                                    when the period of 90 days had expired on 1.7.2019. In the present case,
                                    apart from the fact that the limitation for filing appeal expired long before the
                                    onset of Covid -19, therefore the appellants may not be entitled to benefit of
                                    relaxation, the application filed under Section 5 of the Limitation Act itself has
                                    been filed belatedly on 08.01.2021. On merits also, upon a query being put to
                                    the learned Government Advocate as to whether the judgment of the Single
                                    Bench of this Court in the matter of Basanti Vs. State of Madhya Pradesh
                                    passed in W. P. No.14748/2013, which has been followed by the learned
                                    Single Judge in the impugned judgment has attained finality, he submitted that
                                    the appeal filed against the order of the Single Bench of this Court has been
                                    dismissed by the Division Bench.
Signature Not Verified
  SAN
                                          In that view of the matter, this Court neither finds any convincing
Digitally signed by KRISHAN KUMAR
CHOUKSEY
Date: 2021.04.01 17:02:18 IST
                                                                       2                             WA-325-2021
                                    reason for condoning the delay, nor any merit in this appeal.
                                          Resultantly, this appeal is dismissed on both counts.




                                          (MOHAMMAD RAFIQ)                            (MOHD. FAHIM ANWAR)
                                           CHIEF JUSTICE                                         JUDGE

kkc

Signature Not Verified SAN

Digitally signed by KRISHAN KUMAR CHOUKSEY Date: 2021.04.01 17:02:18 IST