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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SHREE CHANDRASHEKHAR, SANDEEP SHAH
State of Rajasthan – Appellant
Versus
Gayatri Kunwar D/o Bhaira Ram Meghwal – Respondent
| Table of Content |
|---|
| 1. appeal filed against previous order. (Para 1) |
| 2. delays due to administrative lapses. (Para 2 , 3) |
| 3. arguments for latitude in delay. (Para 4) |
| 4. sufficient cause for delay required. (Para 5 , 6 , 7) |
| 5. government's adherence to lag in limits. (Para 8 , 9 , 10) |
| 6. appeal dismissed due to delay. (Para 11) |
ORDER :
1. The appellant-State Government has filed the present appeal being aggrieved against the order dated 4th August 2021 passed by the learned Single Judge in S.B. Civil Writ Petition No. 4044 of 2021 Gayatri Kunwar v. State of Rajasthan & Ors. wherein the only direction given was for deciding the representation, if so filed by the petitioner within two weeks from the date of passing the order, in accordance with the enunciation made in the case of Namonarayan Sharma & Ors. v. State of Rajasthan and Ors. in D.B. Special Appeal Writ No. 908 of 2017.
2. There is an objection with regard to the appeal being time barred by 977 days. The appeal is accompanied by an application filed under section 5 of the LIMITATION ACT , 1963. For the sake of convenience, the relevant paragraphs of the application are extracted as under:-
“2. It is most humbly submitted that the prese
The court reaffirmed that the Government must adhere to the same limitation laws as all parties, emphasizing that delays must be justified with sufficient cause.
The State must adhere to limitation periods for filing appeals, and substantial delays require compelling justification for condonation.
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.
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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