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P. B. BAJANTHRI, ALOK KUMAR PANDEY
State of Bihar, through the Principal Secretary, Agriculture Department – Appellant
Versus
Ram Kishore Singh, Son of Shri Raj Mangal Singh – Respondent
JUDGMENT :
P. B. BAJANTHRI, J.
Ref: I.A. No. 4067 of 2018 in L.P.A. No.598 of 2018 and I.A. No. 02 of 2018 (4070 of 2018) in L.P.A. No. 602 of 2018
Heard I.A. No. 4067 of 2018 in L.P.A. No.598 of 2018 and I.A. No. 02 of 2018 (4070 of 2018) in L.P.A. No. 602 of 2018 for condonation of delay of about 03 years and 157 days insofar as filing of L.P.A. No. 598 of 2018 and L.P.A. No. 602 of 2018 in which order of the learned Single Judge dated 20.10.2014 passed in C.W.J.C. No. 18382 of 2009 and C.W.J.C. No. 17531 of 2009 are assailed. The aforesaid Interlocutory Applications are hopelessly drafted without indicating number of days of delay. In paragraph Nos. 01, 10 and 12 number of days have been left it blank. In fact, the office should have raised objection.
2. Be that as it may, sufficient cause has not been revealed so as to condone the enormous delay of 03 years and 157 days. Recently, Hon’ble Supreme Court in the case of Mrinmoy Maity v. Chhanda Koley, reported in 2024 SCC OnLine SC 551, elaborately considered in respect of delay in filing litigations. In para -10 to 14, it is held as under:-
Inordinate delay in filing petitions without reasonable explanation can lead to dismissal, emphasizing the importance of promptness in asserting rights under Articles 32 and 226.
Inordinate delay in filing a writ petition without satisfactory explanation can lead to dismissal, even in cases involving fundamental rights.
Though the Courts are required to weigh scale of balance of justice in respect of both the parties, the said principle cannot be given a total good-bye in the name of liberal approach.
(1) – Limitation period – Length of delay is a relevant matter which court must take into consideration while considering whether delay should be condoned or not – While considering plea for condona....
The law of limitation is strict and must be adhered to; bureaucratic delays are not sufficient grounds for condoning delays in filing appeals.
The law of limitation applies equally to all parties, including the government, and a mere bureaucratic delay is not sufficient to justify the condonation of an inordinate delay in filing an appeal.
The court emphasized that the law of limitation applies equally to all parties, including the government, and failure to act within a reasonable time results in dismissal of claims.
The court emphasized that delay in filing appeals must be strictly justified, and lack of bona fides or negligence can prevent condonation of delay.
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