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2025 DAILYLAW 32655 (HP)

STATE OF HP AND ANOTHER v. SUKH DEV AND OTHERS

CMP.M/1311/2025 · 2025-10-15

Gurmeet Singh Sandhawalia, Jiya Lal Bhardwaj

body2025

Judgment text

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State of H.P. & Ors. vs. Sukhdev & Ors. Item No. D-9 CMP(M) No. 1311 of 2025 15.10.2025 Present: Mr. Arsh Rattan, Deputy Advocate General, for the applicants-State. Mr. Ashwani Chawla, Advocate, for respondents No. 1 to 3. The application for condoning the delay in filing the present appeal against the judgment of the learned Single Judge dated 19.11.2024, has been filed. As per the averments made in the application, the applicants applied on 25.11.2024 for certified copy of the judgment, which was delivered on 16.12.2024 and the same has been received in the office of Engineer-in-Chief on 31.12.2024 and thereafter the matter had been referred to the government for examination on 31.01.2025. The government vide letter dated 06.03.2025 had conveyed the advice of Law Department to the office of Engineer-in-Chief. The matter was thereafter referred to various branches of the Head Office and accordingly vide letter dated 22.04.2025, the matter was taken up with the Advocate General for opinion and the Advocate General conveyed the opinion to file appeal vide letter dated 21.05.2025. The application has been opposed by filing reply by the respondents. In the reply filed , it has been averred that sufficient cause has not been shown and there is no reasonable ground and even a downloaded copy had been taken and still six months have been taken to seek legal opinion to file appeal. The period from 02.12.2024 to 04.06.2025 remained unexplained. In such circumstances, the application is opposed. Keeping in view the observations made on 21.08.2025 on the merits of the case and the fact remains that government always functions as its hands are tied behind its back, we are of the considered view that sufficient cause has been shown by the applicants as to why the delay of 150 days in filing the appeal on 10.06.2025 has occurred. Keeping in view the nominal delay and the settled principles of law laid down in Collector, Land Acquisition, Anantnag Vs. Smt. Katiji and others, (1987) 2 SCC 107, that each and every day’s delay is not to be explained, we are of the considered opinion that the application is liable to be allowed as sufficient cause has been made out. Accordingly, the application is allowed and delay in filing the appeal is condoned. Application stands disposed of Appeal be registered. CMP No. 24869 of 2025 Notice. Mr. Arsh Rattan, learned Deputy Advocate General, appears and accepts service of notice on behalf of the non-applicants/appellants. He seeks time to file reply to the application, for vacation of stay order dated 21.08.2025. List on 25.11.2025. (G. S. Sandhawalia) Chief Justice (Jiya Lal Bhardwaj) Judge 15th October, 2025(sanjeev/munish thakur)