Jharkhand High Court
The State Of Jharkhand And Ors vs Moulishri Priya And Ors on 16 December, 2014
Author: D.N.Patel
Bench: Virender Singh, D.N.Patel
1 IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A No. 210 OF 2014 With I.A No. 3138 OF 2014 The State of Jhakhand & Ors Appellants Versus Moulishri Priya & Ors. .... Respondents CORAM: HON'BLE MR.JUSTICE VIRENDER SINGH, CHIEF JUSTICE HON'BLE MR.JUSTICE D.N.PATEL For the Appellant/Petitioner : M/s.Rajesh Kumar, GP Abhijeet Kumar Singh JC to GP For the Opp.Parties/Respondents M/s.Anil Kumar Sinha, Senior Advocate Abhishek Sinha, Satish Kumar Order No.7 th Dated 16 December, 2014 I.A No. 3138 OF 2014 Per Virender Singh, CJ.
State being aggrieved of the judgment dated 26th September, 2013 rendered by the learned Single Judge in W.P(S) No.1897/2013 has filed the accompanied Letters Patent Appeal bearing no.210/2014, in which there is delay of 205 days, condonation thereof is sought for through the instant application in which after notice Mr.Anil Kumar Sinha, learned Senior Advocate, has put appearance on behalf of all the contesting respondentwrit petitioners and has strongly opposed the instant application stating that the State has not been able to make out any ground for condonation of delay and the present Interlocutory Application has been filed just in a casual manner. He further states that this has become usual practice of the State to take State cases very casually and that the concerned official sit over the files for months together. Learned Senior Advocate submitted that Hon'ble Supreme Court has deprecated this practice in various judgments.
According to the learned Senior Advocate, it is a fit case in which the 2 instant application for condonation of huge delay of 205 days may be dismissed or in the event of the same being allowed, it calls for imposing heavy cost upon the applicant State.
On merits also, Mr.Sinha, learned Senior Advocate, submits that the applicant State has no case as the respondentwrit petitioners were dragged to knock at the door of the writ court on account of the fault of the State and ultimately got a favourable order, vide impugned judgment.
May be Mr.Sinha, learned Senior Advocate, has made an attempt to dislodge the appeal on merits also but we are not inclined to enter into the merits of the case. However, keeping in view the totality of the facts and circumstances of the present case, we hereby allow the instant application and condone the delay of 205 days in filing the accompanied Letters Patent Appeal, but at the same time in order to offset the prejudice caused to the respondents, we hereby impose a cost of Rs.20,000/(Rs.twenty thousand only) upon the State which shall be recoverable from the erring Officers/Officials only. Out of the total amount of cost, a sum of Rs.14,000/ (Rs.Fourteen thousand only) shall be disbursed to seven respondentwrit petitioners as Rs.2000/(Rs.two thousand only) each and another sum of Rs.6000/ (Rs.six thousand only) shall be deposited in Advocates' Welfare Fund. Let the cost be deposited before the next date of hearing.
L.P.A No. 210 OF 2014 List the main appeal on 29.01.2015 for consideration.
(Virender Singh, C.J.) (D.N.Patel, J.) dey