Punjab-Haryana High Court
State Of Haryana Thr Its Secy To Govt Of ... vs Partap on 2 August, 2018
Bench: Krishna Murari, Arun Palli
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
LPA No.1194 of 2018 (O&M)
DATE OF DECISION: 02.08.2018
State of Haryana and others
.....Appellants
versus
Partap
.....Respondent
CORAM:- HON'BLE MR.JUSTICE KRISHNA MURARI, CHIEF JUSTICE
HON'BLE MR. JUSTICE ARUN PALLI, JUDGE
Present: Mr. Deepak Balyan, Addl. Advocate General, Haryana
for the appellants
..
KRISHNA MURARI, CHIEF JUSTICE (Oral):
This appeal under Clause X of the Letters Patent has been filed by State of Haryana challenging the judgment and order dated 07.05.2015 passed by learned single Judge allowing the writ petition in terms of the order passed in CWP No.9873 of 2013.
2. Office has reported delay and laches of 1147 days in filing the appeal. Another LPA No.32 of 2018 filed against the same judgment and order which was also barred by delay and laches by 913 days came up for hearing before us and after having considered the explanation submitted for delay we did not find the same to be sufficient to condone the delay of 913 days vide our judgment and order dated 17.07.2018 and accordingly refused to condone the delay and the appeal was dismissed as barred by limitation.
3. It is also to be taken note of that the judgment passed by the learned single Judge also stands affirmed on merits as well 1 of 2 ::: Downloaded on - 13-08-2018 05:20:14 ::: LPA-1194-2018 - 2 -
by dismissal of LPA No.399 of 2018 by another Division Bench vide judgment and order dated 07.05.2018.
4. Delay in this appeal is of 1147 days in filing. The explanation submitted is the same as was in LPA No.32 of 2018.
5. In the circumstances, we again do not find it a fit case where explanation for condonation of delay can be said to be sufficient so as to condone the delay.
6. Accordingly, application under section 5 of the Limitation Act stands dismissed and as a consequence appeal stands dismissed as barred by limitation.
(KRISHNA MURARI) CHIEF JUSTICE (ARUN PALLI) JUDGE 02.08.2018 parkash NOTE:
Whether speaking/non-speaking: Speaking Whether reportable: YES/NO 2 of 2 ::: Downloaded on - 13-08-2018 05:20:14 :::