Punjab-Haryana High Court
State Of Punjab And Others vs Sukhdev Singh (Since Deceased) Thr Lrs ... on 30 January, 2019
Bench: Krishna Murari, Arun Palli
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
LPA No.191 of 2019 (O&M)
DATE OF DECISION: 30.01.2019
State of Punjab and others
.....Appellant
versus
Sukhdev Singh (since deceased) through L.Rs
.....Respondents
CORAM:- HON'BLE MR. JUSTICE KRISHNA MURARI, CHIEF JUSTICE
HON'BLE MR. JUSTICE ARUN PALLI, JUDGE
Present: Shri Shireesh Gupta, Sr. DAG, Punjab
..
KRISHNA MURARI, CHIEF JUSTICE: (Oral) This intra-Court appeal under clause-X of the Letters Patent is directed against the judgment and order dated 27.07.2018 passed by the learned single Judge disposing of the writ petition filed by the appellant herein.
Office has reported delay and laches of 126 days in filing the appeal. The appeal is accompanied by an application under section 5 of the Limitation Act which is duly supported by an affidavit. It is stated that after receiving copy of the order of the learned single Judge a decision was taken to file the appeal against the same. The appellants applied for sanction which is alleged to have been granted on 22.10.2018. It is further stated that after receiving sanction from the Government this appeal was got prepared and filed.
Firstly, there is no disclosure as to when the matter was sent for sanction of the Government and, secondly, no reasons have been disclosed as to why the appeal has been 1 of 2 ::: Downloaded on - 18-02-2019 04:11:30 ::: LPA-191-2019 - 2 -
presented in January, 2019 when the sanction was granted as back as on 22.10.2018. The averments made in delay condonation application do not inspire any confidence and it appears that the same have simply been made for the purposes of condonation of delay. The delay being insufficiently explained is not liable to be condoned.
Accordingly, the delay condonation application stands dismissed and, as a consequence, the appeal stands dismissed as barred by limitation.
(KRISHNA MURARI) CHIEF JUSTICE (ARUN PALLI) JUDGE 30.01.2019 parkash NOTE:
Whether speaking/non-speaking: Speaking Whether reportable: YES/NO 2 of 2 ::: Downloaded on - 18-02-2019 04:11:30 :::