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MAHENDAR KUMAR GOYAL
State of Rajasthan – Appellant
Versus
Ramswaroop Sharma – Respondent
ORDER
1. This civil second appeal, which is reported to be time barred by 275 days, is accompanied with an application under Section 5 of Limitation Act.
2. In Para 2 of the application, which apparently is in the nature of a cyclostyle copy, it is stated as under:-
3. The aforesaid averment does not make any sense. It is further stated therein that thereafter, the file was sent by the District Superintendent of Police on 08.11.2017 to the Additional Director General of Police; but, the application is completely silent as to when and where the file travelled thereafter which resulted into inordinate delay of 275 days in preferring the appeal except rhetorically detailing the routine Government system in which the file travels. Therefore, the application does not contain reasons explaining the delay.
4. A Division Bench of this Court has, vide order dated 05.07.2022 in case of The State of Rajasthan & Ors. Vs. Rajasthan Board of Muslim Wakf passed in D.B. Special Appeal (Writ) No.798/2022, held as under:-
Condonation of delay should not be routine and should only be granted when there is a sufficient cause, as emphasized by the court in this judgment.
Government agencies must provide sufficient justification for delays in legal filings; bureaucratic inefficiencies are not valid grounds for condonation of delay.
The court established that the State must provide a reasonable explanation for delays in legal proceedings, as the law of limitation applies equally to all parties.
The court reiterated that the burden of proving sufficient cause for delay in filing an appeal lies with the appellant, and mere ignorance or reliance on counsel is insufficient.
State bodies must provide substantial reasons for delay in legal filings, as administrative inefficiencies do not constitute sufficient cause for condonation.
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