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Madhya Pradesh High Court

The State Of Madhya Pradesh Thr. vs Laxman Prasad Sharma on 30 November, 2016

         State of MP. v. Laxman Prasad Sharma and Ors.
         1
                                                          WA. No.270/2015

30.11.2016
         Shri Praveen Newaskar Govt. Advocate for the appellant/State.
         Shri Pawan Dwivedi Advocate for the respondent.

1. This present intra-court appeal filed under Section 2 (1) of the Madhya Pradesh Khand Nyaypeeth Ko Appeal Adhiniyam, 2005 assails the final order dated 05.11.2009 passed in W.P. No. 3839/2005 whereby the petition in question was allowed declaring the proceedings initiated against deceased Narmada Bai qua the land in question except 139.29 sq. mtr. under the Urban Land (Ceiling and Regulation) Act, 1976 to stand abated with respect to the petitioners/respondents herein.

2. Learned counsel for the State has to first clear the obstacle of delayed filing of this appeal filed with delay of 2066 days. For this purpose I.A. No. 6760/15 is moved by the State which is supported by an affidavit subsequently filed on 17.6. 2016 which explains the delay in the following manners;

The impugned order after having been passed on 5.11. 2009 led to rendering of opinion by the Additional Advocate General on 4.10. 2013 after a delay of nearly four years. Thereafter it is contended that the matter was referred by Collector, Gwalior to the head of the concerned department on 22.10.2013 followed by reminder on 9.5. 2014. It is thereafter submitted that the department of law granted permission to file writ appeal on 5.8. 2014 which led to appointment of OIC who contacted the Office of Additional Advocate General, Gwalior on 2.9.2014 but on account of nonavailability of file in the office writ appeal could not be prepared. It is thereafter submitted that the case was marked to another government advocate on 20.8.2015 whereafter writ appeal was filed on 28.9.2015.

3. From a bare perusal of the above said explanation tendered by the State for justifying the delayed filing of writ appeal by 2066 days, it is evident that there are huge yawning time gaps with no plausible explanation. There is no explanation as to why after passing of by-parte State of MP. v. Laxman Prasad Sharma and Ors.

impugned order dated 5.11.2009 the opinion of the Additional Advocate General was sought as late as on 4.10.2013 after nearly four years. Thereafter the permission by the law department was granted after another 10 months on 5.8. 2014. Even thereafter further delay took place of one year and one month to file WA on 28.9.15.

4. True it is that explanation assigned by the State for explaining delayed filing of appeal should be viewed liberally since in a litigation initiated by the State personal interests are not involved but in the instant case the delay is not of a few weeks or months but of 2066 days which is inordinate and unexplained.

5. The application for condonation of delay ie IA. No. 6760/2015 in the considered opinion of this court cannot be allowed in the absence of any cogent reasons to explain the said delay. Consequently, I.A. No. 6760/2015 stands dismissed.

6. In view of the above, present writ appeal stands dismissed in limine for being time barred.

              (Sheel Nagu)                                 (S.K. Awasthi)
ar              Judge                                          Judge
               30.11.2016                                    30.11.2016