2025:JHHC:17847-DB IN THE HIGH COURT OF JHARKHAND AT RANCHI I.A. No. 997 of 2025 In/and L.P.A. No. 234 of 2025 1. The State of Jharkhand 2. The Principal Secretary, Health, Medical Education and Family Welfare Department, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. & P.S. Doranda, District Ranchi, Jharkhand. 3. The Deputy Secretary, Health, Medical Education and Family Welfare Department, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. & P.S. Doranda, District Ranchi, Jharkhand. … … Appellants/Respondents Versus Dr. (Smt.) Nandini Kumari, daughter of Late Jag Narayan Mishra, presently residing at PKT 7, Plot no.41, Sector 24, Rohini, Post Office- Rohini, Police Station-Begumpur, District -Delhi. … … ... Respondent/ Petitioner --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR --------- For the Appellants-State: Mr. Ratnesh Kumar, S.C. (L&C)-I --------- Reserved on: 01.07.2025 Pronounced on: 4/07/2025 Per M.S. Ramachandra Rao, C.J. 1) This application is filed under Section 5 of the Limitation Act, 1963 by the applicants to condone the delay of 223 days in filing the Letters Patent Appeal challenging the judgment dt. 16.05.2024 passed by the learned Single Judge in W.P.(S) No. 2275 of 2016. 2) In application for seeking condonation of delay, it is stated that after the judgment was pronounced it was deemed appropriate by the applicants-Department to file an appeal against the same; thereafter, approval was sought by the applicants from the office of the Advocate General through the Law Department 2025:JHHC:17847-DB on 22.07.2024, that the Advocate General gave his approval to file Letters Patent Appeal on 25.07.2024; and the file was then placed before the Under Secretary and the Joint Secretary of the applicants-Department communicating approval received for filing appeal. 3) It is stated that in the meantime, there was a change in the retainer counsel for the applicants-Department and subsequent to the appointment of the new counsel, the file was sent for preparation of appeal and thereafter grounds of appeal were prepared by the retainer counsel and the appeal ultimately came to be filed on 24.01.2025. 4) The record reveals that though the judgment of the learned Single Judge was pronounced on 16.05.2024, application for issuance of certified copy was made only on 29.10.2024 i.e. 5 months later, and no explanation is forthcoming for this delay in even applying for certified copy of the impugned judgment. 5) The judgment of the learned Single Judge was pronounced in the presence of the counsel for the respondents and since the Letters Patent Appeal is to be preferred within 30 days from the date of the judgment of the learned Single Judge, the applicants cannot leisurely take steps to file the appeal as if there is no limitation for the purpose of the same and move the file from office to office and delayed the filing of the appeal for 223 days. 6) In the facts and circumstances of the case, we are satisfied that the applicants have been negligent in taking steps to file the Letters Patent Appeal and they have not shown sufficient cause for condoning the same. 2025:JHHC:17847-DB 7) Therefore, the application for condonation of delay is dismissed. Consequently, the Letters Patent Appeal is also dismissed. 8) All pending applications shall stand closed. (M.S. Ramachandra Rao, C.J.) (Rajesh Shankar, J.) /MM/ Cp02