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2022 Supreme(All) 1911

RAJESH BINDAL, JASPREET SINGH
State of U. P. – Appellant
Versus
Harikesh Singh – Respondent


Advocates Appeared:
For the Appellant : Sri Q.H. Rizvi, Standing Counsel.
For the Respondent:Sri Amit Bose, Senior Advocate assisted by Sri Abhishek Bose and Sankalp Dewari.

ORDER :

Rajesh Bindal, CJ.

1. The present intra court appeal has been filed against the order dated February 5, 2018 passed by the learned Single Judge by which the writ petition was allowed.

2. The appeal is accompanied by an application seeking condonation of delay. The period of delay has not been mentioned in the application, however, as calculated by the Registry, the period is 287 days.

3. The learned counsel for the applicant/appellant submitted that after the copy of the order was received, the file had to be dealt with at number of stages before the final decision is taken and the appeal was filed. The Government Machinery being impersonal, the delay has occurred. The case otherwise is quite meritorious and the order passed by the learned Single Judge deserves to be set aside.

4. On the other hand, learned counsel for the respondent no. 1 submitted that there is hardly any explanation given for seeking the condonation of delay. Similar grounds have already been discarded by the Hon'ble Court Supreme Court in the case of Postmaster General and Others Vs. Living Media India Limited and Another, (2012) 3 SCC 563. Hence, condonation of delay on such grounds is not permissible. He a

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