CGHC010289502026 2026:CGHC:36487-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 766 of 2026 1 - State Of Chhattisgarh Through The Secretary, Department Of Skill Development, Tecnical Education And Employment, Mahanadi Bhawan, Naya Raipur, District - Raipur (C.G.) 2 - Directorate Of Employment And Training (Training Side) Through Director Employment And Training, Indrawati Bhawan, Block-4, 1st Floor Nawa Raipur, Atal Nagar, Raipur (C.G.) 3 - Joint Director (Training) Regional Officer Industrial Training Institute, Bilaspur Region, Bilaspur, District - Bilaspur (C.G.) 4 - President Document Verification Committee, Bilaspur Zone, Office Of Joint Director Koni, District - Bilaspur (C.G.) 5 - The Secretary General Administration Department, Mahanadi Bhawan, Naya Raipur, District - Raipur (C.G.) ... Appellant(s) versus Laxmi Narayan Patel S/o Lt. Hemlal Patel Aged About 44 Years Occupation - Private Service As I.T.I. Training Officer In Ramkrishna Mission Ashram Narayanpur, District - Narayanpur, R/o Village - Kukrijhariya, P.O. - Basanajhar, Tehsil- Kharsiya, District - Raigarh (C.G.) ...Respondent(s) (Cause-title taken from Case Information System) ------------------------------------------------------------------------------------------------------------------ For Appellants : Shri Prasun Bhaduri, Dy AG For Respondent : Shri Manoj Kumar Yadav, Advocate --------------------------------------------------------------------------------------------------------- Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board Per R amesh Sinha, Chief Justice 17.08.2026 WA 766 of 2026 2 1. Heard Shri Prasun Bhaduri, learned Deputy Advocate General appearing for the appellants on I.A. No. 1 of 2026, which is an application for condonation of delay of 537 days in preferring the instant appeal. Also heard Shri Manoj Kumar Yadav, learned counsel appearing for the respondent. 2. The appellants have filed this writ appeal against an order dated 16.12.2024, passed by the Hon’ble Single Judge, in WPS No. 8219 of 2024 (Laxmi Narayan Patel Vs State of Chhattisgarh and others), by which the learned Single Judge has allowed the writ petition filed by the writ petitioner(s). 3. Learned Deputy Advocate General appearing for the appellants/ State submits that the present writ appeal has been preferred by the appellants/State against the order dated 16.12.2024 passed in WPS No. 8219 of 2024, by the Hon’ble Single Bench of this Court. He would further submit that the State is a multi-functioning body and it has to follow the rules of obtaining sanction etc. for filing an appeal, which took considerable time due to administrative procedures and multiple levels of approval. He also submits that the appellants have a strong case on merits, therefore, the delay if not condoned, would result in grave miscarriage of justice. 4. It has been further contended that the State, after obtaining necessary documents and information with respect to the case, some delay was occurred due to fulfillment of various departmental formalities and working of the Government machinery, because the State WA 766 of 2026 3 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 bona fide and not deliberate. The instant appeal is, therefore, being filed after a delay of 537 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” (1996) 3 SCC 132, to buttress his submissions. As such, the learned State counsel prays that the delay of 537 days in preferring the petition may be condoned. 5. Learned counsel for the respondent submits that the writ appeal is barred by delay and laches and further there is no cogent reason or explanation has been given in the delay and laches application filed for condonation of delay. Hence, the appeal is not liable to be entertained. 6. On a pointed query being made to the learned for the appellants as to why they have approached this Court against the impugned order dated 16.12.2024, after an inordinate delay of 537 days, he has not offered any plausible explanation or any cogent reason for delay in filing the writ appeal. 7. 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 condonation of delay. 8. The Hon’ble Supreme Court in the matter of Postmaster General WA 766 of 2026 4 and others v. Living Media India Limited and another, (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 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, WA 766 of 2026 5 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 such a huge delay. Accordingly, the appeals are liable to be dismissed on the ground of delay.” 9. Recently, the Hon’ble Supreme Court in the matter of State of Madhya Pradesh v. Ramkumar Choudhary, 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 WA 766 of 2026 6 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 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 WA 766 of 2026 7 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 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 WA 766 of 2026 8 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 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 WA 766 of 2026 9 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 WA 766 of 2026 10 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 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 WA 766 of 2026 11 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 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 WA 766 of 2026 12 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 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 WA 766 of 2026 13 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).” 10. 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 WA 766 of 2026 14 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. 11. In the light of the principles of law laid down by the Hon’ble Supreme Court in the aforementioned judgments (supra), and upon due consideration of the grounds urged in I.A. No.1, we find that the delay of 537 days in preferring the writ appeal has not been satisfactorily explained with any cogent or plausible reason. The appellants have failed to demonstrate sufficient cause so as to justify condonation of such delay. Therefore, no ground is made out to exercise our discretion in favour of the appellants for condoning the delay. 12. Consequently, I.A. No. 1 seeking condonation of delay is hereby rejected. As a natural corollary thereto, the writ appeal also stands dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice padma Digitally signed by V PADMAVATHI Date: 2026.08.20 13:44:40 +0530