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IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.S.RAMACHANDRA RAO, RAJESH SHANKAR
State of Jharkhand – Appellant
Versus
Ashok Kumar, son of D. Sahu, resident of Fulkumari Bhawan, Hanuman Nagar – Respondent
JUDGMENT :
Rajesh Shankar, J. :
I.A No. 1152 of 2025 The present interlocutory application has been filed under Section 5 of the Limitation Act, 1963 to condone the delay of 193 days in filing the Letters Patent Appeal challenging the order/judgment dated 24.04.2023 passed by the learned Single Judge in W.P.(S) No. 6874 of 2019.
2. Learned counsel for the appellants submits that after passing of the impugned order dated 24.04.2023 in the said writ petition, the concerned department was immediately informed regarding the outcome of the said order and thereafter the original file along with entire documents was placed before the competent authority i.e., the Under Secretary, Water Resources Development Department, Government of Jharkhand (the appellant no. 4) to take appropriate steps with respect to filing of appeal against the order dated 24.04.2023.
3. It is also submitted that an opinion was sought from the Advocate General, Jharkhand and thereafter the original file along with entire documents was placed before the Secretary, Water Resources Department, Government of Jharkhand (the appellant no. 2) on 06.07.2023 to take appropriate steps in the matter.
4. It is further argued that th
In a matter of condonation of delay when there was no gross negligence or deliberate inaction or lack of bonafide, a liberal concession has to be adopted to advance substantial justice, we are of the....
State cannot condone inordinate appeal delays via bureaucratic excuses; unexplained periods and administrative lethargy fail sufficient cause test, binding government to limitation laws equally.
Administrative lethargy and bureaucratic delays do not constitute sufficient cause for condoning inordinate delays by state in filing appeals; bona fides and vigilance required.
The court emphasized that government entities must demonstrate diligence in adhering to the statutory limit for appeal filing and cannot claim special treatment in delay situations without sufficient....
Government departments must adhere to limitation periods; bureaucratic delays do not justify condonation of significant delays in legal proceedings.
The court underscored that delays due to administrative negligence cannot justify condonation in legal proceedings, particularly for state agencies, emphasizing the importance of diligence in adherin....
The law of limitation applies universally, and bureaucratic delays do not constitute sufficient cause for condoning inordinate delays in filing appeals.
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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