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2017 Supreme(SC) 1645
SUPREME COURT OF INDIA
J. CHELAMESWAR, S. ABDUL NAZEER, JJ.
THE STATE OF BIHAR THROUGH DISTRICT MAGISTRATE & ANR. - Petitioners
VERSUS
SUCHIT HALWAI - Respondent
Diary No(s). 15962 of 2017
Decided On : 09-08-2017
Advocate Appeared:
For the Petitioners: Mr. Nagendra Rai, Sr. Adv., Mr. Gopal Singh, AOR, Mr. Manish Kumar, Adv.
The court has the discretion to condone delay in filing petitions based on the reasons provided and the actions taken to address the delay.
Headnote:
Delay Condonation - Special Leave Petition - Summary: The court considered the delay in filing the special leave petition and the reasons offered for the delay, including the explanation provided by the Chief Secretary of the State of Bihar. The delay in filing the special leave petition was ultimately condoned, and notice was issued to the respondent.
Fact of the Case:
The petitioners sought special leave to appeal against the final judgment and order passed by the High Court of Judicature at Patna. There was a delay in filing the appeal, and the application for condonation of delay was dismissed, leading to the dismissal of the appeal. A delay was also present in filing the special leave petition.
Finding of the Court:
The court considered the explanation offered for the delay and summoned the Chief Secretary of the State of Bihar to provide an explanation. The Chief Secretary filed an affidavit explaining the reasons for the delay and stated that action had been initiated against the responsible officials. The delay in filing the special leave petition was ultimately condoned, and notice was issued to the respondent.
Issues: Delay in filing the appeal and special leave petition, application for condonation of delay, explanation for the delay, and action against responsible officials.
Ratio Decidendi: The court considered the reasons for the delay and the steps taken by the Chief Secretary to address the delay. The delay in filing the special leave petition was condoned based on the reasons provided and the affidavit filed by the Chief Secretary.
Final Decision: The delay in filing the special leave petition was condoned, and notice was issued to the respondent.
ORDER :
1. In this case petitioners have sought special leave to appeal under Article 136 of the Constitution of India against the final judgment and order dated 21.01.2016 passed by the High Court of Judicature at Patna in Second Appeal No. 207 of 2015.
2. There was a delay of four years and twenty three days in filing the appeal. The High Court was not satisfied with the explanation offered by the petitioners for condoning the delay. Therefore, the application filed for condonation of delay was dismissed. Consequently, the appeal was also dismissed as barred by limitation. There is also a delay of 393 days in filing the special leave petition. An application has been filed seeking condonation of delay in filing the special leave petition.
3. Taking note of the explanation offered by the petitioners before the High Court seeking condonation of delay, this Court summoned the Chief Secretary of the State of Bihar to offer explanation. The Chief Secretary has filed an affidavit explaining reasons for the delay in filing the Second Appeal. The Chief Secretary in his affidavit has also stated that action has been initiated against the officials who are responsible for the delay in filing the Second Appeal.
4. An application has also been filed for condonation of delay in filing the special leave petition. For the reasons stated in the said application, the delay in filing the special leave petition is condoned. Taking into consideration the affidavit of the Chief Secretary of State of Bihar, issue notice to the respondent.
