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ALI MOHAMMAD MAGREY, PUNEET GUPTA
Union Territory of JK – Appellant
Versus
Nissar Ahmad Itoo – Respondent
JUDGMENT :
Ali Mohammad Magrey, J.
CM No. 1537/2020:
1. The Government of the Union Territory of Jammu and Kashmir, through Commissioner/ Secretary to Government, School Education Department, has filed this application seeking the indulgence of this Court in condoning the delay of 691 days in filing the appeal against the Judgment dated 12th of February, 2018 passed in SWP No. 1272/2014 along with connected matters, inter alia, on the grounds that after the receipt of the copy of the Judgement dated 12th of February, 2018 passed by the learned single Judge in the Petition filed by the respondents herein/ Writ Petitioners, the same was scanned at various levels to derive satisfaction on the count whether or not the appeal is to be filed. After going through the entire record of the case, the matter was referred to the Department of Law, Justice & Parliamentary Affairs for its views and the Department of Law, Justice & Parliamentary Affairs, opined that an appeal be filed against the impugned Judgement passed by the learned Single Judge.
2. The applicants have proceeded to state that in the aforesaid process, there was a delay of few months caused due to administrative exigencies. It has
The court emphasized the term 'sufficient cause' as a necessary condition for the extension of the prescribed period under the Limitation Act, highlighting the importance of providing adequate reason....
The law of limitation applies rigorously, and government departments must provide satisfactory explanations for delays in legal proceedings; mere procedural inefficiencies are insufficient.
Administrative lethargy and bureaucratic delays do not constitute sufficient cause for condoning inordinate delays by state in filing appeals; bona fides and vigilance required.
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