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2016 Supreme(Cal) 801

JYOTIRMAY BHATTACHARYA, ISHAN CHANDRA DAS
State of West Bengal – Appellant
Versus
Aparesh Chandra Datta – Respondent


Advocates Appeared:
For the Appellants : Ms. Chaitali Bhattacharya and Ms. Sukla Das Chandra.
For the Respondent: Mr. Dilip Kumar Maity.

JUDGMENT :

Jyotirmay Bhattacharya, J.

1. This mandamus appeal and the application for condonation of delay filed in connection with the said appeal have been assigned to this Bench for its disposal by the Hon'ble Chief Justice.

2. The instant mandamus appeal was filed beyond the prescribed period of limitation. There was 194 days delay in filing this appeal.

3. The reason for the delay has been explained by the appellants in this application. It is alleged therein that slow movement of the file from one table to the other of the State-appellants was the primary reason for the delay in filing this appeal. It is further alleged therein that the misplacement of the certified copy of the impugned order from the lawyer’s chamber is the other ground for which such delay was caused.

4. Considering the fact that no individual officer of the Government organisation can take the ultimate decision for filing an appeal, the delay is normally caused in all appeals where the State is the appellant.

5. Considering the un-controverted statements made by the appellants in the said application for condonation of delay, we are of the view that the reason for the delay in filing this appeal has been suffici



























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