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2026:JHHC:2672-DB

IN THE HIGH COURT OF JHARKHAND AT RANCHI

L.P.A. No. 56 of 2025

With

I.A. No. 1063 of 2025

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1. The State of Jharkhand

2. The Principal Secretary, Road Construction Department,

Government of Jharkhand, Ranchi

3. The Special Secretary, Road Construction Department,

Government of Jharkhand, Ranchi

4. The Deputy Secretary, Road Construction Department,

Government of Jharkhand, Ranchi

… … Appellants

Versus

Santosh Kumar Singh, son of Late Dr. Basant Kumar Singh,

resident of Village & P.O.- Jai Prakash Nagar (Sitabdiara), P.S.-

Bariya, District- Balia (U.P.), presently residing at Flat No. B/4,

Roopmati Apartment, North Office Para, Doranda, P.O. & P.S.-

Doranda, District- Ranchi …. … Respondent

CORAM: HON’BLE THE CHIEF JUSTICE

HON’BLE MR. JUSTICE RAJESH SHANKAR

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For the Appellants : Mr. Sahbaj Akhtar, A.C. to A.A.G.-III

For the Respondent : Mr. Raj Vardhan, Advocate

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Reserved on 28.01.2026 Pronounced on 03.02.2026

Per : Rajesh Shankar, J. :

1. The present appeal has been preferred against the order/judgment

dated 18.01.2024 passed by the learned Single Judge in W.P.(S)

No. 2686 of 2016 whereby the notification dated 23.08.2013

issued by the Deputy Secretary, Department of Road Construction,

Government of Jharkhand has been quashed/set aside with an

observation that the writ petitioner (the respondent herein) will be

entitled to all consequential benefits.

2. Since the present appeal is barred by limitation, it is appropriate to

first consider the application filed on behalf of the appellants

seeking condonation of delay.

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I.A. No. 1063 of 2025

3. The present interlocutory application has been filed on behalf of

the appellants/applicants seeking condonation of delay of 289 days

in filing the present appeal.

4. Learned counsel for the applicants submits that the information

with regard to passing of the impugned judgment dated

18.01.2024 came to the knowledge of the concerned department

on 12.06.2024. The file pertaining to the present case was

thereafter put up by the Administration Officer before the Under

Secretary on 23.09.2024 for further necessary action. The Under

Secretary, then made his endorsement on 01.10.2024 to take legal

opinion in the matter.

5. It is also submitted that the Principal Secretary of the department

accorded his approval on the said endorsement on 04.10.2024 and

the file was sent to the Department of Law, Government of

Jharkhand which was then marked to the office of the Advocate

General on 07.10.2024.

6. Learned counsel for the applicants further submits that the file

pertaining to the present appeal was received by the office of the

Advocate General on 18.10.2024 and on the same date, the

opinion was given to file the appeal. Accordingly, the file was sent

back to the Department of Road Construction, Government of

Jharkhand. On 21.10.2024, the file was put up for sending the

matter to the retainer for preparation of grounds of appeal. The

retainer thereafter prepared the grounds of appeal and submitted

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it to the department which was put up for approval vide notesheet

dated 23.10.2024. After according approval vide notesheet dated

28.10.2204, the file was sent to the Law Officer for filing the

appeal.

7. It is also submitted that the file was thereafter forwarded to the

concerned Law Officer to prepare the memo of appeal against the

impugned judgment dated 18.01.2024. Though the appeal was

drafted by the Law Officer, however the pleadings of the writ

proceeding were required. After making the entire writ court

proceedings available to the concerned Law Officer, the appeal

was filed on 12.11.2024.

8. It is thus contended by the learned counsel for the applicants that

though considerable delay occurred in filing the present appeal,

however the same cannot be said to be inordinate as some time

was consumed at different levels in the concerned department.

Since the said delay in filing the present appeal is primarily

attributed to the procedural formalities, the same may be viewed

leniently and t