Jammu & Kashmir High Court
Union Territory Of J&K And Others vs Abdul Rehman And Others on 29 July, 2022
Bench: Tashi Rabstan, Wasim Sadiq Nargal
Sr. No. 21
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
LPA No. 107/2021
CM Nos. 2561/2022, 7968/2021,
7969/2021
Union Territory of J&K and others ....Petitioner(s)/Appellant(s)
Through :- Mr. Dewakar Sharma, Dy. AG
V/s
Abdul Rehman and others ....Respondent(s)
Through :- Mr. R.K. S. Thakur, Advocate
Coram: HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
29.07.2022 CM No. 7969/2021 The reason given by the applicant for delay in filing the appeal is that the matter was considered on various levels and ultimately vide order dated 28.05.2020 sanction was accorded for filing the LPA.
Despite sanction was accorded on 28.05.2020 the appeal has been preferred only on 01.10.2021, i.e., after the lapse of more than one year and four months, which clearly shows the casualness in filing this application and also the application has been drafted in a very casual manner.
Merely saying that the delay was on account of procedural aspect, is not sufficient cause to condone the delay. The Hon'ble Supreme Court in SLP (Civil) Diary No(s).19846/2020 titled as Union of India Vs. Central Tibetan Schools Admin & Ors., decided on 04.02.2021 while dismissing it on account of delay observed as under:-
2 LPA No. 107/2021
"We have repeatedly being counselling through our orders various Government departments, State Governments and other public authorities that they must learn to file appeals in time and set their house in order so far as the legal department is concerned, more so as technology assists them. This appears to be falling on deaf ears despite costs having been imposed in number of matters with the direction to recover it from the officers responsible for the delay as we are of the view that these officers must be made accountable. It has not had any salutary effect and that the present matter should have been brought up, really takes the cake! The aforesaid itself shows the casual manner in which the petitioner has approached this Court without any cogent or plausible ground for condonation of delay. In fact, other than the lethargy and incompetence of the petitioner, there is nothing which has been put on record. We have repeatedly discouraged State Governments and public authorities in adopting an approach that they can walk in to the Supreme Court as and when they please ignoring the period of limitation prescribed by the Statutes, as if the Limitation statute does not apply to them. In this behalf, suffice to refer to our judgment in the State of Madhya Pradesh & Ors. v. Bheru Lal [SLP [C] Diary No.9217/2020 decided on 15.10.2020] and The State of Odisha & Ors. v. Sunanda Mahakuda [SLP [C] Diary No.22605/2020 decided on 11.01.2021]...."
For the foregoing reasons, we do not find any merit in the application and as such the application seeking condonation of delay deserves to be rejected 3 LPA No. 107/2021 and accordingly, the same is dismissed. Resultantly, in light of dismissal of condonation of delay application, the Letters Patent Appeal shall also stand dismissed, being time barred.
(Wasim Sadiq Nargal)) (Tashi Rabstan)
Judge Judge
Jammu:
29.07.2022
Pawan Angotra
PAWAN ANGOTRA
2022.07.29 15:43
I attest to the accuracy and
integrity of this document