Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:52882-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 777 of 2025 1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, New Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Raipur, Chhattisgarh, District Raipur, Chhattisgarh 2 - The Director Department Of Medical Education, Old Nurses Hostel, D K S Bhawan, Raipur Chhattisgarh., District Raipur, Chhattisgarh 3 - Office Of Dean Pt. Jawahar Lal Nehru Memorial Medical College, Raipur
Chhattisgarh.,
District
Raipur,
Chhattisgarh 4 - Joint Director Directorate Of Treasury Accounts And Pension District Raipur Chhattisgarh., District Raipur, Chhattisgarh
...Appellants versus R. Mahalaxmi Rao W/o Late R. Noidas Aged About 61 Years R/o. House No. C/41, Sector-2, Devendra Nagar, Raipur, District Raipur Chhattisgarh, District Raipur, Chhattisgarh.
... Respondents For Appellants : Mr.Y.S.Thakur, Additional Advocate General For Respondent : Mr.Akash Kumar Kundu, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge
Order on Board BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR
2 Per
Ramesh Sinha, Chief Justice
30/10/2025
1. Heard Mr. Y.S. Tahkur, learned Additional Advocate General for the appellants/State as well as Mr.Akash Kumar Kundu.
2. This writ appeal is presented against the order dated 31.05.2024 (R. Mahalaxmi Rao v. The State of Chhattisgarh and others) passed by learned Single Judge in WPS No.3213 of 2021, whereby, the writ petition filed by the respondent herein was allowed by learned Single Judge.
3.
Learned counsel appearing for the parties submit that the issue involved in this writ appeal has already been considered and decided by this Court in WA No.721 of 2025 (State of Chhattisgarh and others v. Ram Kumar Dewangan), wherein this Court held as under:-
“9. Upon considering the matter in its entirety and also applying the well settled principles of law to the facts of the present case, we find that the State has failed to provide any proper or satisfactory explanation for the delay in filing the present appeal. The only reason cited is that the Law & Legislative Affairs Department, Government of Chhattisgarh, Mantralaya, Naya Raipur, had forwarded a proposal to the Office of the Advocate General for initiating an appeal against the impugned
order dated 31.05.2024. Thereafter, the case was processed, and the present petition was ultimately filed. However, this sequence of events, lacking in specificity or justifiable cause, does not amount to a cogent or acceptable explanation. Thus, the State has miserably
3 failed to demonstrate sufficient cause warranting the condonation of an inordinate delay of 427 days.
10. Consequently, we are not inclined to exercise our discretionary power under the law to condone such extraordinary delay. The learned counsel for the State has not been able to establish any convincing or bona fide reason for the delay. Therefore, there is no justification for condoning the delay of 427 days in filing the writ appeal.
11. In view of the above, the writ appeal is hereby rejected on the ground of delay and laches.”
4. The present writ appeal has been filed with a delay of 427 days. Earlier also, the State has filed writ appeal being WA No.721 of 2025 against the common order dated 31.05.2024, which was also suffered from delay of 427 days and the same was dismissed by this Court vide order dated 08.10.2025 on the ground of delay and laches.
5. Considering the aforesaid fact, the present writ appeal is also dismissed in terms of the order passed by this Court in WA No.721 of 2025. No cost(s). Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Bablu