UNION TERRITORY OF J AND K AND ORS. (POWER DEVELOPMENT DEPARTMENT) v. SHAHNAZ AKTHAR
LPA/154/2024 · 2025-02-19
Puneet Gupta, Sanjeev Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7782 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7782 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 15 REGULAR CAUSELIST
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(3497/2024) In LPA 154/2024 CM(3498/2024) Union Territory of J&K and Others …Petitioner/Appellant(s) Through: Mr. Ilyas Laway, GA with Mr. Mohd Younis Hafiz, Assisting Counsel
Vs. Shahnaz Akhtar and Ors. ...Respondent(s) Through: Mr. M. Ashraf, Advocate Mr. T.M. Shamsi, DSGI. CORAM: Hon’ble Mr. Justice Sanjeev Kumar, Judge. Hon’ble Mr. Justice Puneet Gupta, Judge. ORDE R 19.02.2025 CM No. 3497/2024:
1. The appeal under clause 12 of Letters Patent, directed against the judgment dated 20th April, 2022 of learned Single Judge [“the writ Court”] in OWP No. 768/2009, is delayed by 718 days. 2. In the application filed by the appellants seeking condonation of delay, it is pleaded that after having received information about the impugned order/judgment dated 20th April, 2022 passed by the writ Court, the matter was examined in the light of records. 3. On 25th April, 2022, an application was made to this Court for obtaining a certified copy of the impugned order/judgment, which was received on 28th April, 2022. It is submitted that, after obtaining the certified copy of the order/judgment dated on 28th April, 2022, the matter was taken up with the Administrative Department for seeking necessary directions. Some time was spent to collect the relevant records from the subordinate offices and also to obtain legal advice from the Department of Law, Justice and Parliamentary Affairs. It is only after the Law Department opined that appeal needs to be filed and sanction for filing such an appeal was granted, the steps were taken to file the appeal. 4. From reading of the entire explanation, it is not forthcoming as to how it took more than 718 days in completing the process aimed at taking a decision whether an appeal should be preferred against the impugned order/judgment or not. We can understand the slackness on the part of the government officials to act in such matters promptly, but a delay of 718 days is too long a period to be justified for taking a decision with regard to the filing of an appeal against the impugned order/judgment. 5. We, therefore, do not find the cause shown by the appellants to be a ‘sufficient cause’ which may have prevented the appellants to file the appeal within the statutory period of 60 days. The application is devoid of merit and is, therefore dismissed.
Consequently, the LPA No. 154/2024 stands also dismissed. (Puneet Gupta) (Sanjeev Kumar)
Judge
Judge SRINAGAR: 19.02.2025
“MIR ARIF” MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 21.02.25