1 2026:CGHC:6455-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.A No.110 of 2026 1 - State Of Chhattisgarh Through- Secretary, Department Of Forest Mahanadi Bhawan, Mantralaya Atal Nagar, Raipur Chhattisgarh (Respondent No.1) 2 - Principal Chief Conservator Forest Head Quarter Jail Road Raipur, Chhattisgarh, (Respondent No.2) 3 - Chief Conservator Of Forest Durg Circle Durg, District- Durg Chhattisgarh (Respondent No.3) 4 - Divisional Forest Officer Rajnandgaon District- Rajnandgaon Chhattisgarh, (Respondent No.4) 5 - Chairman Scrutiny Committee Manpur/ Divisional Forest Officer Forest Division Rajnandgaon District- Rajnandgaon Chhattisgarh, (Respondent No.5) 6 - Under Secretary State Of C.G. Department Of Forest SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.02.06 10:56:32 +0530 2 Mantralaya Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur Chhattisgarh, (Respondent No.6) ... Appellants versus Hemant Rao Sonteke S/o Late Shri N.B. Sonteke Aged About 50 Years R/o Sadhu Chal Tulsipur Ward No.18 Budh Vihar Gali No.01, District- Rajnandgaon Chhattisgarh(Petitioner) ... Respondent (Cause-title taken from Case Information System) ----------------------------------------------------------------------------------------- For Appellants/State : Mr. Prasoon Bhaduri, Dy. Advocate General. For Respondent : None. ---------------------------------------------------------------------------------------- Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha , Chief Justice 05.02.2026 1. Heard Mr. Prasoon Bhaduri, learned Deputy Advocate General appearing for the State/Appellants on IA No.01/2026, which is an application for condonation of delay. 2. Learned Deputy Advocate General appearing for the State/Appellants submits that the learned Single, Judge on 17.07.2025, passed the impugned order of allowing WPS No. 2465/2020. Thereafter, the Department of Forest had sought an opinion from the office of the Advocate General vide letter dated 3 21.08.2025 upon which, the Office of the Advocate General vide its letter dated 07.10.2025, has accorded opinion for filing Appeal and thereafter on 07.11.2025, Department of Forest sought permission from the Department of Law and Legislative Affairs for the same and accordingly, sanction for filing Appeal has been accorded on 25.11.2025 and thereafter OIC was appointed vide order dated 27.11.2025 by the Sub-Divisional Officer, Forest, Rajnandgaon and the present Appeal is being drafted and filed before this Hon’ble Court. 3. It is contended that despite obtaining the requisite documents and information relating to the case, a delay occurred on account of compliance with departmental formalities and the functioning of the Government machinery, the State Government being a multifunctional body that may require additional time for completion of such procedures. Consequently, in certain cases, the State is prevented from filing the matter within the prescribed period of limitation, which is bona fide and not deliberate. The present Appeal has, therefore, been filed with a delay of 131 days beyond 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 131 days in 4 preferring the Appeal may be condoned. 4. Thus, the limited issue for determination is whether the delay of 131 days in preferring the present Writ Appeal deserves to be condoned in exercise of powers under Section 5 of the Limitation Act. 5. 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 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 5 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 6 failed to give any acceptable and cogent reasons sufficient to condone such a huge delay. Accordingly, the appeals are liable to be dismissed on the ground of delay.” 6. 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: 7 “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 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 Sd/- Sd/-showing utter disregard to the legislature.” 14. Therefore, we are of the considered 8 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 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 9 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 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 10 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. 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 11 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 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 12 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. 13 7. There is one another aspect of the matter which we 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 14 Singh Thakur Singh and Another v. State of Gujarat, AIR 1981 SC 733).” 7. Taking into account the facts and circumstances of the present case, in the light of aforementioned judgments of the Hon’ble Supreme 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. 8. 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. 9. Upon considering the matter in its entirety and applying the well-settled principles of law to the facts of the present case, this 15 Court finds that the Appellant/State has failed to furnish any proper or satisfactory explanation for the delay in filing the present writ Appeal. The explanation offered is confined to narrating the movement of the file after passing of the impugned order dated 17.07.2025, namely, seeking opinion from the Office of the Advocate General on 21.08.2025, receipt of opinion on 07.10.2025, seeking permission from the Department of Law and Legislative Affairs on 07.11.2025, grant of sanction on 25.11.2025 and appointment of the Officer-in-Charge on 27.11.2025, followed by drafting and filing of the present Appeal. Such a routine recital of departmental formalities, without furnishing any specific or satisfactory explanation accounting for the delay on a day-to-day basis does not constitute a cogent or acceptable explanation within the meaning of Section 5 of the Limitation Act. The Appellant/State has, therefore, miserably failed to demonstrate sufficient cause warranting condonation of the inordinate delay of 131 days in preferring the present Writ Appeal. 10. 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 bona fide reason for the delay. Therefore, there is no justification for condoning the delay of 131 days in filing the Writ Appeal. 16 11. 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 Priya