JUDGMENT

M.s. Ramachandra Rao, J.

CM-2854-LPA-2018

This application is filed to condone the delay of 63 days in re-filing of the appeal.

2. For the reasons assigned in the application, the same is allowed and the delay of 63 days in re-filing of the appeal is hereby condoned.

3. CM stands disposed of.

CM-2855-LPA-2018 and

LPA-1065-2018 (O&M)

4. This application is filed for condoning the delay of 291 days in filing of the appeal.

5. In this application, it is stated that this LPA is preferred against the judgment dt.18.04.2017 passed by the learned Single Judge in CWP-4139-2016; that the copy of the order was downloaded from the website of the High Court on 25.04.2017; and the case was put up for opinion before the Law Officer in the office of Advocate General, Haryana, who conducted the case on 26.04.2017.

6. It is stated that the Law Officer of the Advocate General, Haryana tendered his opinion on 05.07.2017 that it was not a fit case for filing appeal and the learned Advocate General, Haryana agreed with the said opinion on 10.07.2017.

7. It is stated that thereafter the office of the Advocate General, Haryana intimated the applicant/appellant on 14.07.2017 of his view.

8. It is then stated that the matter was examined in different offices and thereafter the office of the Additional Chief Secretary to Government of Haryana decided to challenge the order dt.18.04.2017 passed by the learned Single Judge in CWP-4139-2016 and accordingly the office of the Advocate General, Haryana issued a letter on 22.12.2017 requesting the office of the Legal Remembrancer, Haryana to issue sanction under Para 20.4 (C) of the Law Department Manual.

9. It is stated that the office of the Legal Remembrancer, Haryana then issued a memo on 08.01.2008 issuing instructions to the Advocate General, Haryana for filing this appeal and thereafter the appeal came to be filed on 05.03.2018, and so there is a delay of 291 days in filing of the appeal.

10. It is stated that the delay in filing the appeal occurred on account of processing of the case file from one officer to another and the said delay be condoned in exercise of powers contained under section 5 of the LIMITATION ACT , 1963.

11. In the reply filed by the respondent, it is contended that the limitation for filing the appeal against the judgment passed by the learned Single Judge is only 30 days and there is no reasonable justification for condoning the period of 291 days delay in filing the appeal. It is also contended that a casual approach has been adopted by the applicant/appellant/State; there is no explanation as to what was done after receiving the Advocate General's opinion on 14.07.2017 till 22.12.2017, for almost 5 months when the file is said to have been sent to the office of Legal Remembrancer, Haryana. It is stated that the applicant/appellant/State had been negligent in taking steps to file appeal within time and the said delay is not liable to be condoned.

12. We have noted the contentions of both sides.

13. From the facts noted above, it is clear that the learned Single Judge delivered judgment in CWP-4139-2016 on 18.4.2017 and the copy was downloaded from the High Court website on 25.4.2017. Though initially the Law officer in the Office of the Advocate General opined that it was not a fit case for appeal on 5.27.2017, and the Advocate General agreed with it on 10.7.2017, and he informed the State about it on 14.7.2017, it took 8 months for the State to decide to file the app