1 2026:CGHC:2678-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 20 of 2026 1. State Of Chhattisgarh Through Its Chief Secretary, Chhattisgarh Govt. Mahanadi Bhawan, Mantralaya, New Raipur, Chhattisgarh 2. Principal Secretary, Chhattisgarh Government Koshal Vikas Technical Education And Rojgar Department Mahanadi Bhawan Mantralaya, New Raipur, Chhattisgarh., District Raipur, Chhattisgarh 3. Principal Secretary Chhattisgarh Government Man Power And Planning Department Mahanadi Bhavan Mantralya, New Raipur, Chhattisgarh., District Raipur, Chhattisgarh 4. Secretary, Chhattisgarh Government Koshal Vikas Technical Education And Rojgar Department Mahanadi Bhawan Mantralaya, New Raipur, Chhattisgarh., District Raipur, Chhattisgarh 5. Commissioner, Directorate Employment And Training Indrawati Bhawan, New Raipur, Chhattisgarh., District Raipur, Chhattisgarh 6. Joint Director, Training, Directorate Employment And Training Indrawati Bhawan, New Raipur, Chhattisgarh., District Raipur, Chhattisgarh 7. Joint Director, Training, Industrial Training Institutes, Durg Zone, Chhattisgarh., District Durg, Chhattisgarh 8. Principal/ Training Superintendent Institute Incharge Industrial Training Institute, Dongergarh, District Rajnandgaon, Chhattisgarh., District Rajnandgaon, Chhattisgarh 9. Principal/ Training Superintendent Institute Incharge Industrial Training Institute, Parpodi, District Durg, Chhattisgarh. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2026.01.16 19:53:03 +0530 2 10. Principal/ Training Superintendent/ Institute Incharge Industrial Training Institute, Sanjari, District Durg, Chhattisgarh., District Durg, Chhattisgarh 11. Principal/training/ Superintendent Institute Incharge Industrial Training Institute, Bemetara, Distict Bemetara, Chhattisgarh., District Bemetara, Chhattisgarh 12. Principal/ Training Superintendent Institute Incharge Industrial Training Institute, Durg District Durg, Chhattisgarh., District Durg, Chhattisgarh 13. Principal/ Training Superintendent/ Institute Incharge Industrial Training Institute, Patan, District Durg, Chhattisgarh., District Durg, Chhattisgarh 14. Principal/ Training Superintendent/ Institute Incharge Industrial Training Institute, Bhilai District Durg, Chhattisgarh., District Durg, Chhattisgarh 15. Principal/ Training Superintendent/ Institute Incharge Industrial Training Institute, Women Bhilai District Durg, Chhattisgarh., District Durg, Chhattisgarh 16. Principal/ Training Superintendent, Institute Incharge Industrial Training Institute, Balod, District Balod Chhattisgarh. 17. Principal/ Training Superintendent, Institute Incharge Industrial Training Institute, Dondilohara, District Balod, District Balod, Chhattisgarh 18. Principal/ Training Superintendent, Institute Incharge Industrial Training Institute, Rajnandgaon District Rajnandgaon, District Rajnandgaon, Chhattisgarh 19. Principal/ Training Superintendent/ Institute Incharge Industrial Training Institute, Maro District Raipur, Chhattisgarh. 20. Principal/ Training Superintendent/ Institute Incharge Industrial Training Institute, Suregam, District Durg, Chhattisgarh. 21. Principal/ Training Superintendent/ Institute Incharge Industrial Training Institute, Ambagarh Chowki, District Mohla Manpur Ambagarh Chowki Chhattisgarh. 3 22. Principal/ Training Superintendent/ Institute Incharge Industrial Training Institute, Berla, District Durg, Chhattisgarh. ... Appellant(s) versus 1. Nilay Khanang S/o Sh. B.D. Khanang, Aged About 41 Years Working As W C S/ E D Instructor, Govt. I T I, Dongargarh, Durg Zone, R/o Lig- 414, Padmanabhpur, Durg, Chhattisgarh 2. Kuleshwar Prasad, S/o Sh. Asha Ram, Aged About 44 Years Working As Welder Instructor, Govt. I T I, Dongargarh, Durg Zone, R/o Vill And Post Dhour, Distt Durg, Chhattisgarh , District Durg, Chhattisgarh 3. Ravi Kumar Verma S/o Sh. Ramadhar Verma, Aged About 35 Years Working As Instrument Mechanic Instructor, Govt. I T I, Dongargarh, Durg Zone, R/o Vill And Post Dhour, Distt. Durg, Chhattisgarh , District Durg, Chhattisgarh 4. Chandraprakash Sahu, S/o Sh. Manrakhan Lal Sahu Aged About 41 Years Working As Electrician Instructor, Govt. I T I, Parpodi, Durg Zone, R/o Vill And Post Kusmi, Tehsil Berla, Distt. Durg, Chhattisgarh , District Durg, Chhattisgarh 5. Nishant Agrawal S/o Sh. Arun Kumar Agrawal, Aged About 35 Years Working As Diesel Mechanic Instructor, Govt. I T I, Sanjari Durg Zone, R/o Lig 172 Hudco Bhilai Nagar, Distt. Durg, Chhattisgarh , District Durg, Chhattisgarh 6. Lokesh Kumar Verma, S/o Sh. Kishan Lal Verma, Aged About 37 Years Working As Copa Instructor, Govt. I T I, Sanjari, Durg Zone, R/o Near Kali Mandir, Old Bus Stand Bharka Para, Distt. Rajnandgaon, Chhattisgarh , District Rajnandgaon, Chhattisgarh 7. Rajesh Kumar Sahu, S/o Sh. Madan Lal Sahu, Aged About 41 Years Working As Electrician Instructor, Govt. I T I, Sanjari, Durg Zone, R/o Vill Matekheda, P O Gendatola, Distt Rajnandgaon, Chhattisgarh , District Rajnandgaon, Chhattisgarh 8. L. Rama Rao, S/o Sh. L. Appa Rao, Aged About 39 Years Working As Fitter Instructor, Govt. I T I Sanjari, Durg Zone, R/o Plot -35, St- 4 04, Dixit Colony Kosa Nagar Near Kandidarshan College, Bhilai Nagar, Distt. Durg, Chhattisgarh , District Durg, Chhattisgarh 9. Ghanshyam Prasad Berma, S/o Sh. Bishnath Berma, Aged About 42 Years Working As Copa Instructor, Govt. I T I, Bemetara, Durg Zone, R/o Vill Seoni, P O Godhi Mandir Hasoud, Distt. Raipur, Chhattisgarh , District Raipur, Chhattisgarh 10. Sandeep Kumar Tiwari, S/o Sh. Balmukund Tiwari, Aged About 41 Years Working As Copa Instructor, Govt. I T I, Bemetara, Durg Zone, R/o Naya Para Behind Keju Rice Mill Durg, Distt. Durg, Chhattisgarh , District Durg, Chhattisgarh 11. Devi Lal Sahu, S/o Sh. Anjori Ram Sahu, Aged About 43 Years Working As R A C Instructor, Govt. I T I, Durg, Durg Zone, R/o Vill Semra, P O Chapora, Distt. Bilaspur, Chhattisgarh , District Bilaspur, Chhattisgarh 12. Manish Kumar Tiwari, S/o Sh. Balmukund Tiwari, Aged About 40 Years Working As Copa Instructor, Govt. I T I , Durg, R/o Naya Para Behind Keju Rice Mill Durg, Distt. Durg, Chhattisgarh , District Durg, Chhattisgarh 13. Bhanu Pratap Verma S/o Sh. Pila Ram Verma, Aged About 34 Years Working As Electrician Instructor, Govt. I T I, Patan, Durg Zone R/o Village Chetuwa P O Nardha C C Mamul Distirct Durg, Chhattisgarh., District Durg, Chhattisgarh 14. Taun Kumar Verma, S/o Sh. Shatruhan Lal Verma, Aged About 38 Years Working As Machinist Instructor, Govt. I T I, Bhilai, Durg Zone R/o Village Bartori P O Pathari The Tilda District Raipur, Chhattisgarh., District Raipur, Chhattisgarh 15. Bhupesh Kumar Kaushik S/o Sh. S.R. Kaushik, Aged About 40 Years Working As Electrician Instructor, Govt. I T I, Bhilai Durg Zone R/o M I G 192 C. G. Housing Board, Industrial Area Bhilai District Durg, Chhattisgarh., District Durg, Chhattisgarh 16. Pradeep Kumar Banjare S/o Sh. Khorbahara Banjare, Aged About 41 Years Working As Electrician Instructor, Govt. I T I, Bhilai, Durg 5 Zone R/o Village And Post Dundera Thana Utai District Durg, Chhattisgarh., District Durg, Chhattisgarh 17. Tazuddin Siddiqui, S/o Sh. Nizamuddin Siddiqui, Aged About 40 Years Working As W C S / E D Instructor, Govt. I T I, Bhilai, Durg Zone R/o Q No 225, Ward 42 Subhash Nagar Kasaridih District Durg, Chhattisgarh., District Durg, Chhattisgarh 18. Kishor Kumar Verma S/o Sh. Manharan Lal Verma, Aged About 39 Years Working As Fitter Instructor, Govt. I T I, Bhilai, Durg Zone R/o Village And Post Urla B M Y Thana Patan District Durg, Chhattisgarh., District Durg, Chhattisgarh 19. Hemant Kumar Kaushik S/o Sh. Sita Ram Kaushik, Aged About 41 Years Working As Electrician Instructor, Govt. I T I, Bhilai, Durg Zone R/o M I G 192 C. G. Housing Board, Industrial Area Bhilai District Durg, Chhattisgarh., District Durg, Chhattisgarh 20. Rohit Kumar Dewangan, S/o Sh. Ferha Ram Dewangan, Aged About 46 Years Working As Fitter Instructor, Govt. I T I, Bhilai, Durg Zone R/o Village Bodegaon P. O. Nandkathi District Durg, Chhattisgarh., District Durg, Chhattisgarh 21. Christina Barnabas S/o Sh. Praveen Barnabas, Aged About 44 Years Working As Fitter Instructor, Govt. I T I, Bhilai Durg Zone R/o Hn 817, St 16 Kurud Road Kohka Bhilai District Durg, Chhattisgarh., District Durg, Chhattisgarh 22. Ram Nath Dhruw S/o Sh. Hirde Ram Dhrruw, Aged About 42 Years Working As Turner Instructor, Govt. I T I, Bhilai, Durg Zone R/o Village And P. O. Dahi Thana Kurud District Dhamtari, Chhattisgarh., District Dhamtari, Chhattisgarh 23. Rameshwari Tiwari, S/o Sh. K.L. Dubey, Aged About 38 Years Working As Fitter Instructor, Govt. I T I, Bhilai, Durg Zone R/o Street 2b, Pragati Nagar Risali District Durg, Chhattisgarh., District Durg, Chhattisgarh 24. Shailendra Kumar Rathore, S/o Sh. Shiv Narayan Rathore, Aged About 39 Years Working As Turner Instructor, Govt. I T I, Bhilai 6 Durg Zone R/o Ward 17 Station Para Sakti District Janjgir Champa, Chhattisgarh., District Janjgir-Champa, Chhattisgarh 25. Kapil Prasad S/o Sh. Ramtek Aged About 43 Years Working As Mason Instructor, Govt. I T I, Bhilai Durg Zone R/o Q N 22 B Street 6 Sec 2 Bhilai District Durg, Chhattisgarh., District Durg, Chhattisgarh 26. Hunesh Kumar Sahu, S/o Sh. Darbari Ram Sahu, Aged About 42 Years Working As Copa Instructor, Govt. I T I, Women Bhilai, Durg Zone R/o Village Ruda P O Allbaras Thana Anda District Durg, Chhattisgarh., District Durg, Chhattisgarh 27. Kamleshwar Sahu, S/o Sh. Radhesharan Sahu, Aged About 38 Years Working As Copa Instructor, Govt. I T I, Women Bhilai, Durg Zone R/o Villagte Dhanora P O Hanoda District Durg, Chhattisgarh., District Durg, Chhattisgarh 28. Jitendra Kumar Thakre S/o Sh. Nand Kumar Thakre, Aged About 38 Years Working As Copa Instructor, Govt. I T I, Women Bhilai, Durg Zone R/o Block 23/ D Ruabandha Sector Bhilai District Durg, Chhattisgarh., District Durg, Chhattisgarh 29. Lukesh Kumar Sahu S/o Sh. Chunu Ram Sahu, Aged About 41 Years Working As Fitter Instructor, Govt. I T I, Balod, Durg Zone R/o Village And Post Kandul Teh Gunderdehi District Balod, Chhattisgarh., District Balod, Chhattisgarh 30. Baikunth Singh S/o Sh. R. K. Singh, Aged About 42 Years Working As Fitter Instructor, Govt. I T I, Balod, Durg Zone R/o Near Rajeev Lochan Mandir Thakur Para Rajim District Gariyaband, Chhattisgarh., District Gariyabandh, Chhattisgarh 31. Kamlesh Verma S/o Sh Bodhan Verma, Aged About 40 Years Working As Diesel Mechanic Instructor, Govt. I T I, Balod, Durg Zone R/o Village Budeni Post Khauli The Tilda District Raipur, Chhattisgarh., District Raipur, Chhattisgarh 32. Gopesh Kumar S/o Sh. Ishwar Lal, Aged About 43 Years Working As Welder Instructor, Govt. I T I, Balod, Durg Zone R/o Baniya 7 Para Durga Chowk Dhamtari District Dhamtari, Chhattisgarh., District Dhamtari, Chhattisgarh 33. Anil Kumar Sahu, S/o Sh Lochan Ram Sahu, Aged About 39 Years Working As Copa Instructor, Govt. I T I, Dondilohara, Durg Zone R/o Govt. Industrial Training Institute Dondilohara District Balod, Chhattisgarh., District Balod, Chhattisgarh 34. Ashok Kumar S/o Sh Kaushal Prajhad, Aged About 47 Years Working As Electrician Instructor, Govt. I T I, Dondilohara, Durg Zone R/o Main Road Anurag Auto Part Dallirajhara District Balod, Chhattisgarh., District Balod, Chhattisgarh 35. Pusha Lal Sahu S/o Sh Paras Ram Sahu Aged About 43 Years Working As Copa Instructor, Govt. I T I Dondilohara, Durg Zone R/o Village Bhothipar, P O Barbaspur Th Gunderdehi District Balod, Chhattisgarh., District Balod, Chhattisgarh 36. Daulat Ram Madhariya S/o Sh Janak Ram Madhariya Aged About 42 Years Working As Electrician Instructor, Govt. I T I, Dondilohara, Durg Zone R/o Village Chetuwa P O Nardha C C Jamul District Durg, Chhattisgarh., District Durg, Chhattisgarh 37. Suresh Kumar Sahu, S/o Sh Mool Chand Sahu, Aged About 43 Years Working As W C S/ E D Instructor, Govt. I T I, Rajnandgaon, Durg Zone R/o Forest Colony Ward 19, Gali No. 2 Mamta Nagar Rajnandgaon District Rajnandgaon, Chhattisgarh., District Rajnandgaon, Chhattisgarh 38. Munna Singh Thakur, S/o Sh Gannna Singh Thakur, Aged About 46 Years Working As Welder Instructor, Govt. I T I, Rajnandgaon, Durg Zone R/o Infront Of Marwari School Barai Para Durg District Durg, Chhattisgarh., District Durg, Chhattisgarh 39. Pradeep Kumar Gupta S/o Sh P.N. Gupta, Aged About 41 Years Working As Electrician Instructor, Govt. I T I, Rajnandgaon, Durg Zone R/o H I G 1/8 Aditya Nagar Durg District Durg, Chhattisgarh., District Durg, Chhattisgarh 40. Narendra Kumar Deshmukh, S/o Sh Jawahar Singh, Aged About 43 Years Working As Diesel Mechanic Instructor, Govt. I T I, Maro, 8 Durg Zone R/o Shyam Nagar Near Govt. Hs School Risali Bhilai District Durg, Chhattisgarh., District Durg, Chhattisgarh 41. Kamlesh Kumar Sahu, S/o Sh Jagat Ram Sahu, Aged About 37 Years Working As Copa Instructor, Govt. I.T.I. Maro, Durg Zone R/o Block No. 289/b Risali Sector Bhilai Po Civic Center District Durg, Chhattisgarh., District Durg, Chhattisgarh 42. Kuleshwar Prasad Sahu S/o Jhaggar Singh, Aged About 44 Years Working As Electrician Instructor, Govt. I T I, Suregaon, Durg Zone R/o Village Matrodih P O Khopli District Durg, Chhattisgarh., District Durg, Chhattisgarh 43. Deepak Kumar Deshmukh S/o Sh Thanat Kumar Deshmukh, Aged About 37 Years Working As Fitter Instructor, Govt. I T I, Suregaon, Durg Zone R/o Village And P O Sankra J District Balod, Chhattisgarh., District Balod, Chhattisgarh 44. Abhay Meshram S/o Sh Jeevan Lal Meshram, Aged About 39 Years Working As Fitter Instructor, Govt. I T I, Ambagarh Chowki, Durg Zone R/o Ajay Medical Station Para Ward No. 13 District Rajnandgaon, Chhattisgarh., District Rajnandgaon, Chhattisgarh 45. Saurabh Agrawal S/o Sh Bramhaswarup Agrawal, Aged About 36 Years Working As Electrician Isntructor, Govt. I T I, Berla, Durg Zone R/o Village Sirsa Khurd P O Jeora Sirsa Near Hanuman Temple District Durg, Chhattisgarh., District Durg, Chhattisgarh ... Respondent(s) (Cause-title taken from Case Information System) For Appellants : Mr. Shashank Thakur, Additional Advocate General. For Respondents : Mr. P. Acharya, Advocate on behalf of Mr. Harshwardhan Parghania, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha , Chief Justice 9 16 .01.2026 1. Heard Mr. Shashank Thakur, learned Additional Advocate General, appearing for the appellants/State as well as Mr. P. Acharya, learned counsel holding the brief of Mr. Harshwardhan Parghania, learned counsel, appearing for the respondents on I.A. No. 2 of 2026, which is an application for condonation of delay. 2. Learned Additional Advocate General, appearing for the State/appellants, submits that the learned Single Judge, by order dated 18.03.2025, allowed WPS No. 3228 of 2016. Thereafter, on 08.04.2025, the Director, Directorate of Employment and Training (Technical), requested the Secretary, Department of Skill Development, Technical Education and Employment, to obtain the opinion of the Advocate General in the matter. Upon receipt of the proposal from the Director, Directorate of Employment and Training, vide letter dated 15.04.2025, the Department sought guidance from the Office of the Advocate General, Chhattisgarh, regarding further action in continuation of the order dated 18.03.2025 passed in WPS No. 3218/2016 and other connected petitions. 3. On 15.05.2025, the Office of the Advocate General rendered its opinion, advising the filing of a writ appeal against the impugned order dated 18.03.2025 passed in WPS No. 3218/2016, which was communicated to the Department of Skill Development, Technical Education and Employment, Mantralaya, Nawa Raipur. Based on the said opinion, a proposal seeking administrative approval was submitted to the Hon’ble Deputy Chief Minister on 19.05.2025, and upon receiving 10 approval, the file was forwarded to the Law and Legislative Department on 26.05.2025 for permission to file the writ appeal. On 30.06.2025, permission was granted by the Law and Legislative Department for filing the writ appeal in WPS No. 3218/2016 before the Division Bench of the Hon’ble High Court of Chhattisgarh. 4. Subsequently, on 12.09.2025, the Director, Directorate of Employment and Training, requested the Department of Skill Development, Technical Education and Employment to obtain permission from the Law and Legislative Affairs Department for filing writ appeals against the orders passed in 11 similarly situated petitions, including WPS No. 3228/2016, and to appoint an Officer-in-Charge. On 07.11.2025, the Law and Legislative Affairs Department granted permission to prepare writ appeals in the said 11 petitions. Thereafter, on 18.11.2025, the Officer-in-Charge for the present case was appointed, and accordingly, the present appeal is being drafted and filed before this Hon’ble Court. 5. It has been contended that the State, after obtaining necessary documents and information with respect to the case, however, some delay was occurred due to fulfillment of various departmental formalities and working of the Government machinery because the State Government is a multi functioning body, hence, at times the fulfillment of departmental formalities takes unexpected long time. Therefore, in some cases the State is prevented from filing the case within the prescribed period of limitation, which is bonafide and not deliberate. The 11 instant appeal is, therefore, being filed after a delay of 210 days from the prescribed period of limitation. Reliance has been placed upon the judgment rendered by Hon’ble Supreme Court in the matter of State of Haryana v. Chandra Mani and others, reported in (1996) 3 SCC 132, to buttress his submissions. As such, the learned State counsel prays that the delay of 503 days in preferring the appeal may be condoned. 6. The question for determination before this Court is whether the provisions of Section 5 of the Limitation Act, 1908 (i.e. Act 9 of 1908 i.e. the old Limitation Act) would apply to an application for leave to appeal from an order of acquittal. 7. The Hon’ble Supreme Court in the matter of Postmaster General and others v. Living Media India Limited and another, reported in (2012) 3 SCC 563, has dealt with the limitation issue and held as under:- “27. It is not in dispute that the person(s) concerned were well aware or conversant with the issues involved including the prescribed period of limitation for taking up the matter by way of filing a special leave petition in this Court. They cannot claim that they have a separate period of limitation when the Department was possessed with competent persons familiar with court proceedings. In the absence of plausible and acceptable explanation, we are posing a question why the delay is to be condoned mechanically merely because the Government or a wing of the Government is a party before us. 28. Though we are conscious of the fact that in a 12 matter of condonation of delay when there was no gross negligence or deliberate inaction or lack of bonafide, a liberal concession has to be adopted to advance substantial justice, we are of the view that in the facts and circumstances, the Department cannot take advantage of various earlier decisions. The claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available. The law of limitation undoubtedly binds everybody including the Government. 29. In our view, it is the right time to inform all the government bodies, their agencies and instrumentalities that unless they have reasonable and acceptable explanation for the delay and there was bonafide effort, there is no need to accept the usual explanation that the file was kept pending for several months/years due to considerable degree of procedural red-tape in the process. The government departments are under a special obligation to ensure that they perform their duties with diligence and commitment. Condonation of delay is an exception and should not be used as an anticipated benefit for government departments. The law shelters everyone under the same light and should not be swirled for the benefit of a few. 30. Considering the fact that there was no proper explanation offered by the Department for the delay except mentioning of various dates, according to us, the Department has miserably failed to give any acceptable and cogent reasons sufficient to condone 13 such a huge delay. Accordingly, the appeals are liable to be dismissed on the ground of delay.” 8. Recently, a Division Bench of the Hon’ble Supreme Court in the matter of State of Madhya Pradesh v. Ramkumar Choudhary, reported in 2024 INSC 932, while considering the delay, issued some directions and observed as follows:- “5. The legal position is that where a case has been presented in the Court beyond limitation, the petitioner has to explain the Court as to what was the "sufficient cause" which means an adequate and enough reason which prevented him to approach the Court within limitation. In Majji Sannemma v. Reddy Sridevi, 2021 SCC Online SC 1260, it was held by this Court that even though limitation may harshly affect the rights of a party, it has to be applied with all its rigour when prescribed by statute. A reference was also made to the decision of this Court in Ajay Dabra v. Pyare Ram, 2023 SCC Online 92 wherein, it was held as follows: "13. This Court in the case of Basawaraj v. Special Land Acquisition Officer [(2013) 14 SCC 81] while rejecting an application for condonation of delay for lack of sufficient cause has concluded in Paragraph 15 as follows: “15. The law on the issue can be summarised to the effect that where a case has been presented in the court beyond limitation, the applicant has to explain the court as to what was the “sufficient cause” which means an adequate and enough 14 reason which prevented him to approach the court within limitation. In case a party is found to be negligent, or for want of bona fide on his part in the facts and circumstances of the case, or found to have not acted diligently or remained inactive, there cannot be a justified ground to condone the delay. No court could be justified in condoning such an inordinate delay by imposing any condition whatsoever. The application is to be decided only within the parameters laid down by this Court in regard to the condonation of delay. In case there was no sufficient cause to prevent a litigant to approach the court on time condoning the delay without any justification, putting any condition whatsoever, amounts to passing an order in violation of the statutory provisions and it tantamounts to showing utter disregard to the legislature.” 14. Therefore, we are of the considered opinion that the High Court did not commit any mistake in dismissing the delay condonation application of the present appellant." Thus, it is crystal clear that the discretion to condone the delay has to be exercised judiciously based on facts and circumstances of each case and that, the expression 'sufficient cause' cannot be liberally interpreted, if negligence, inaction 15 or lack of bona fides is attributed to the party. 5.1. In Union of India v. Jahangir Byramji Jeejeebhoy (D) through his legal heir, 2024 INSC 262, wherein, one of us (J.B.Pardiwala, J) was a member, after referring to various decisions on the issue, it was in unequivocal terms observed by this Court that delay should not be excused as a matter of generosity and rendering substantial justice is not to cause prejudice to the opposite party. The relevant passage of the same is profitably extracted below: “24. In the aforesaid circumstances, we made it very clear that we are not going to look into the merits of the matter as long as we are not convinced that sufficient cause has been made out for condonation of such a long and inordinate delay. 25. It hardly matters whether a litigant is a private party or a State or Union of India when it comes to condoning the gross delay of more than 12 years. If the litigant chooses to approach the court long after the lapse of the time prescribed under the relevant provisions of the law, then he cannot turn around and say that no prejudice would be caused to either side by the delay being condoned. This litigation between the parties started sometime in 1981. We are in 2024. Almost 43 years have elapsed. However, till date the 16 respondent has not been able to reap the fruits of his decree. It would be a mockery of justice if we condone the delay of 12 years and 158 days and once again ask the respondent to undergo the rigmarole of the legal proceedings. 26. The length of the delay is a relevant matter which the court must take into consideration while considering whether the delay should be condoned or not. From the tenor of the approach of the appellants, it appears that they want to fix their own period of limitation for instituting the proceedings for which law has prescribed a period of limitation. Once it is held that a party has lost his right to have the matter considered on merits because of his own inaction for a long, it cannot be presumed to be non-deliberate delay and in such circumstances of the case, he cannot be heard to plead that the substantial justice deserves to be preferred as against the technical considerations. While considering the plea for condonation of delay, the court must not start with the merits of the main matter. The court owes a duty to first ascertain the bona fides of the explanation offered by the party seeking condonation. It is only if the sufficient cause assigned by the litigant and the opposition of the other side is equally balanced that the court may bring into aid the merits of the matter for the purpose of condoning the delay. 17 27. We are of the view that the question of limitation is not merely a technical consideration. The rules of limitation are based on the principles of sound public policy and principles of equity. We should not keep the ‘Sword of Damocles’ hanging over the head of the respondent for indefinite period of time to be determined at the whims and fancies of the appellants. xxx xxx xxx 34. In view of the aforesaid, we have reached to the conclusion that the High Court committed no error much less any error of law in passing the impugned order. Even otherwise, the High Court was exercising its supervisory jurisdiction under Article 227 of the Constitution of India. 35. In a plethora of decisions of this Court, it has been said that delay should not be excused as a matter of generosity. Rendering substantial justice is not to cause prejudice to the opposite party. The appellants have failed to prove that they were reasonably diligent in prosecuting the matter and this vital test for condoning the delay is not satisfied in this case. 36. For all the foregoing reasons, this appeal fails and is hereby dismissed. There shall be no order as to costs.” Applying the above legal proposition to the facts of the present case, we are of the opinion that the High 18 Court correctly refused to condone the delay and dismissed the appeal by observing that such inordinate delay was not explained satisfactorily, no sufficient cause was shown for the same, and no plausible reason was put forth by the State. Therefore, we are inclined to reject this petition at the threshold. 6. At the same time, we cannot simply brush aside the delay occurred in preferring the second appeal, due to callous and lackadaisical attitude on the part of the officials functioning in the State machinery. Though the Government adopts systematic approach in handling the legal issues and preferring the petitions/applications/appeals well within the time, due to the fault on the part of the officials in merely communicating the information on time, huge revenue loss will be caused to the Government exchequer. The present case is one such case, wherein, enormous delay of 1788 days occasioned in preferring the second appeal due to the lapses on the part of the officials functioning under the State, though valuable Government lands were involved. Therefore, we direct the State to streamline the machinery touching the legal issues, offering legal opinion, filing of cases before the Tribunal / Courts, etc., fix the responsibility on the officer(s) concerned, and penalize the officer(s), who is/are responsible for delay, deviation, lapses, etc., if any, to the value of the loss caused to the Government. Such direction will have to be followed by all the States scrupulously. 7. There is one another aspect of the matter which we 19 must not ignore or overlook. Over a period of time, we have noticed that whenever there is a plea for condonation of delay be it at the instance of a private litigant or State the delay is sought to be explained right from the time, the limitation starts and if there is a delay of say 2 years or 3 years or 4 years till the end of the same. For example if the period of limitation is 90 days then the party seeking condonation has to explain why it was unable to institute the proceedings within that period of limitation. What events occurred after the 91st day till the last is of no consequence. The court is required to consider what came in the way of the party that it was unable to file it between the 1st day and the 90th day. It is true that a party is entitled to wait until the last day of limitation for filing an appeal. But when it allows the limitation to expire and pleads sufficient cause for not filing the appeal earlier, the sufficient cause must establish that because of some event or circumstance arising before the limitation expired it was not possible to file the appeal within time. No event or circumstance arising after the expiry of limitation can constitute such sufficient cause. There may be events or circumstances subsequent to the expiry of limitation which may further delay the filing of the appeal. But that the limitation has been allowed to expire without the appeal being filed must be traced to a cause arising within the period of limitation. (See: Ajit Singh Thakur Singh and Another v. State of Gujarat, AIR 1981 SC 733).” 9. Taking into account the facts and circumstances of the present case, in the light of aforementioned judgments of the Hon’ble Supreme 20 Court in the matters of Postmaster General (supra) and Ramkumar Choudhary (supra), it is evident that Government departments are under a special obligation to discharge their duties with due diligence and commitment. Condonation of delay is an exception, not the rule, and cannot be claimed as a matter of right or anticipated privilege by Government entities. The law casts its protection equally upon all litigants and cannot be distorted to confer undue advantage upon a select few. 10. Very recently on 12.09.2025, the Hon’ble Supreme Court in the matter of Shivamma (dead) by LRS vs. Karnataka Housing Board & Ors., reported in 2025 INSC 1104 categorically held that the High Courts ought not give a legitimizing effect to such callous attitude of State authorities or its instrumentalities, and should remain extra cautious, if the party seeking condonation of delay is a State-authority. They should not become surrogates for State laxity and lethargy. The constitutional courts ought to be cognizant of the apathy and pangs of a private litigant. 11. 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 21 impugned order dated 18.03.2025. 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 failed to demonstrate sufficient cause warranting the condonation of an inordinate delay of 210 days. 12. Consequently, we are not inclined to exercise our discretionary power under the law to condone such extraordinary delay. The learned State counsel has not been able to establish any convincing or bonafide reason for the delay. Therefore, there is no justification for condoning the delay of 210 days in filing the writ appeal. Further, this Court in an identical matter i.e. WA No. 738 of 2025 dismissed the writ appeal on the ground of delay and laches on 03.11.2025. 13. In view of the above, the present appeal is hereby dismissed on the ground of delay and laches. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Brijmohan