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2025 DAILYLAW 12932 (HP)

STATE OF HP AND ANOTHER v. RAJ KUMAR SOOD

CMP.M/622/2025 · 2025-06-28

Gurmeet Singh Sandhawalia, Ranjan Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Item No. D-3 State of H.P & another vs. Raj Kumar Sood CMP(M) No. 622 of 2025 28.06.2025 Present: Mr. Anup Rattan, Advocate General with Mr.Gobind Korla, Additional Advocate General, for the applicants/appellants. Mr. Jia Lal Bhardwaj, Senior Advocate with Mr.Sanjay Bhardwaj, Advocate, for the respondent. CMP(M) No.622 of 2025 The present application has been filed by the State for condoning the delay of 206 days’ in filing the appeal against the judgment dated 12.07.2024, passed by the learned Single Judge in CWPOA No.2646 of 2019. 2. The application has been vehemently opposed by filing reply by the learned Senior counsel on the ground that there was an opinion in favour of the Writ petitioners/respondents herein not to file appeal on 05.11.2024, which aspect as such was clear from the letter dated 15.01.2025 (Annexure R-1), and the said aspect as such was not mentioned in the application for condonation of delay. 3. A perusal of the application would go on to show that after the copy of the judgment has been received, it has been submitted to the Government on 13.08.2024 and the claim of the respondent was examined and vide letter dated 15.01.2025, it has been advised to file the appeal. Thereafter the advice of the Government was received in the Office of Engineer-in-Chief on 21.01.2025. On 01.02.2025 the appeal was prepared and returned to the Office of engineer-in-Chief for proper verification and needful was done. Thereafter the appeal was drafted on 10.03.2025 and sent to the Office of Advocate General on the same date. The Office of the Advocate General has vetted the LPA on 11.03.2025 and the appeal was filed before this Court on 12.03.2025. 4. Apparently, the factum of the opinion in favour of the petitioner as such has not been mentioned but the letter dated 15.01.2025 (Annexure R-1) has been referred to the application for codnondation of delay as such and the said fact has come forth. 5. Resultantly, we are of the considered opinion that it is settled principle that delay on the part of the State as such can not be placed on the same pedestal as of the private litigant, since the case has to be processed at various levels. Therefore, in our considered opinion, sufficient cause has been made out to condone the delay. Accordingly, the delay of 206 days in filing the appeal is condoned. The application stands disposed of accordingly. LPA No. 333 of 2025 6. List on 29.07.2025 for consideration. ( G.S. Sandhawalia ) Chief Justice 28th June, 2025 ( Ranjan Sharma ) (priti) Judge