2026:CGHC:244-DB Digitally signed by ANURADHA ANURADHA TIWARI NAFR TIWARI Date:

2026.01.05

14:53:24 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 952 of 2025

1 - State of Chhattisgarh Through Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya Atal Nagar, Nawa Raipur, District- Raipur, Chhattisgarh (Respondent No. 1)

2 - The Commissioner Higher Education Government of Chhattisgarh, Indravati Bhavan, Nava Raipur, District- Raipur, Chhattisgarh (Respondent No. 2)

... Appellants versus

1 - Marry Martha Thomas D/o Late Shri Thomas Lawrence Aged About 74 Years R/o House No. 87, Holly Cross Convent Compus Phunbuldari Ambikapur, District- Surguja, Chhattisgarh (Petitioner No. 1)

2 - Asha Sharma D/o Jagat Prakash Sharma Aged About 74 Years R/o S-4/g-21, Ward No. 4, Vasundhra Vihar, Godhanpur, Ambikapur, District Surguja, Chhattisgarh, Present Address Taiyaba Masjid Bhartiya Nagar, Bilaspur, Chhattisgarh (Petitioner No. 2)

3 - Sabita Roy W/o Shri Arun Kumar Roy Aged About 70 Years R/o Vidya Nagar, Sector- 4, Ward No. 12, Dutta Colony, Ambikapur, District-

Surguja, Chhattisgarh (Petitioner No. 3)

4 - Swapna Mukherjee W/o Shri Sukmar Mukherjee Aged About 70 Years R/o House No. 204, Vidya Nagar, Dutta Colony, Ambikapur, District- Surguja, Chhattisgarh (Petitioner No. 4)

... Respondents (Cause-title taken from Case Information System)

For Appellants : Mr. Shashank Thakur, Additional Advocate General For Respondents : Mr. Manish Upadhyay, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma, Judge

Order on Board

Per Ramesh Sinha, Chief Justice

05.01.2026

1. Heard Mr. Shashank Thakur, learned Additional Advocate General appearing for the appellants/State on I.A. No.01 of 2025, which is an application for condonation of delay of 393 days in preferring the writ appeal. Also heard Mr. Manish Upadhyay, learned counsel for the respondents.

2. Mr. Shashank Thakur, learned Additional Advocate General, appearing for the State/appellants, submits that the petition filed by the writ petitioners bearing WPS No. 5611/2024 has been decided on 11.09.2024. Against which the Law & Legislative Affairs Department, Government of Chhattisgarh, Mantralaya, Naya Raipur sent a proposal to the office of the Advocate General to file an appeal against the order dated 11.09.2024 passed by this Court in WPS No. 5611/2024. Thereafter, the case was placed before the Advocate General and then the case was marked for drafting and as per the above proposal, the office has initiated proceeding and certified copy of the impugned order and other relevant exhibited documents have been received from the concerned Department and thereafter, the instant appeal was prepared and filed before this Court.

3. It has been contended that the State, after obtaining necessary documents and information with respect to the case, however, some delay was occurred due to fulfillment of various formalities and working of the Government machinery, hence, at times the fulfillment of departmental formalities takes unexpected long time. Therefore, in some cases the State is prevented from filing the case within the prescribed period of limitation, which is bonafide and not deliberate. The instant appeal is, therefore, being filed after a delay of 393 days from the prescribed period of limitation. As such, the learned State counsel prays that the delay of 393 days in preferring the appeal may be condoned.

4. On the other hand, Mr. Manish Upadhyay, learned counsel for the respondents have vehemently argued and pointed out that challenging the order of learned Single Judge in the other similar matters, a batch of writ appeals was filed and the same was dismissed by this Court, against which the State has preferred an SLP before the Apex Court which too was dismissed vide order dated 07.11.2025 on the ground of delay.

5. The question for determination before this Court is whether the provisions of Section 5 of the Limitation Act, 1908 (i.e. Act 9 of 1908 i.e. the old