Vivek Kumar Rai vs The State Of Madhya Pradesh
2021 Latest Caselaw 4632 MP

                                                     1                                  WA-455-2021
                    The High Court Of Madhya Pradesh
                                WA-455-2021
                              (VIVEK KUMAR RAI Vs THE STATE OF MADHYA PRADESH AND OTHERS)


   Jabalpur, Dated : 24-08-2021
                 Heard through Video Conferencing.

                 Shri K.N. Pethia, Advocate for the appeallant.
                 Shri B.D. Singh, Government Advocate for the respondents/State.

This appeal is filed against the judgment dated 18.6.2012 passed by learned Single Judge in WP No.3354/2011. The appeal has been filed with the

delay of 9 years on 9.4.2021.

The application filed under Section 5 of the Limitation Act seeking condonation of delay only states that the appellant is a poor person, who was not well versed with the law or legal intricacies. He, after dismissal of the writ petition filed various applications under the Right to Information Act seeking copy of the merit list but the same was not supplied to him. The writ petition filed by one Ravindra Paradkar (WP No.3432/2011) was allowed by this Court vide order dated 10.3.2016, therefore, the delay in filing the present appeal should be condoned. It is contended that the delay of 9 years has

occasioned on account of bonafide lapse on the part of respondents which is not deliberate, but in fact has happened due to inaction on the part of the Vyapam.

We hardly find any justification in the application seeking condonation of delay that may constitute sufficient cause in the meaning of Section 5 of the Limitation Act to condone as huge delay as of 9 years. The application for condonation of delay is dismissed.

Consequently, this appeal is also dismissed as time barred.

              (MOHAMMAD RAFIQ)                                        (VIJAY KUMAR SHUKLA)
               CHIEF JUSTICE                                                     JUDGE


  SKM
Digitally signed by SANTOSH
MASSEY
Date: 2021.08.25 10:16:19
+05'30'