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2024 DAILYLAW 621 (JK)

UNION TERRITORY OF J AND K AND ORS. (JAL SHAKTI / PHE) v. AJAZ AHMAD LONE

LPA/155/2024 · 2026-05-20

Sanjay Parihar, Sanjeev Kumar

Writ Petition (Civil)body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (Through Virtual Mode) CM No. 3501/2024 in LPA No. 155/2024 CM No. 3502/2024 UT of J&K and ors. …..Appellant(s)/Petitioner(s) Through: Mr. Jahangir Dar, GA vs Ajaz Ahmad Lone .…. Respondent(s) Through: Mr. B. A. Zargar, Advocate Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 20.05.2026 CM No. 3501/2024 1. This is an application for seeking condonation of delay of 400 days in filing an appeal to throw challenge to an order and judgment dated 01.03.2023 passed by learned Single Judge of this Court [“the Writ Court”] in WP(C) No. 2077/2019 titled, ‘Ajaz Ahmad Lone vs. State of J&K and ors.’ 2. The delay is sought to be condoned by pleading that although the judgment impugned sought to be challenged was passed by the Writ Court in presence of learned Deputy Advocate General appearing for the State, yet it took them some time to collect relevant records and to seek opinion from the Department of Law, Justice and Parliamentary Affairs. It is submitted that after sanction for filing an appeal was received from the Department of Law on 16.11.2023, immediate steps were taken to file the instant appeal. Serial No. 16 2 CM No. 3501/2024 in LPA No. 155/2024 3. This is the sum and substance of the explanation tendered by the appellants for filing the appeal after a huge delay of 400 days. It needs no emphasis to say that collection of record and obtaining an opinion from the Department of Law cannot, by any stretch of reasoning, take 400 days. It seems that the appellants were well aware of the judgment passed and were indolent and had initially decided not to challenge the judgment and later on probably under the threat of contempt, they decided to assail the impugned judgment passed by the Writ Court. The explanation tendered does not, by any stretch of imagination or reasoning, constitutes sufficient cause, which can be said to have prevented the appellants for almost 400 days from preferring the appeal. 4. This application is grossly misconceived and the same is dismissed, as a result whereof, the appeal stands also dismissed. (SANJAY PARIHAR) (SANJEEV KUMAR) JUDGE JUDGE Jammu 20.05.2026 Neha-II NEHA KUMARI 2026.05.22 17:19 I attest to the accuracy and integrity of this document