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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF JUNE, 2021

PRESENT

THE HON'BLE Mrs. JUSTICE B.V. NAGARATHNA

AND

THE HON'BLE Mr. JUSTICE HANCHATE SANJEEVKUMAR

WRIT APPEAL No.3102 OF 2019 AND

WRIT APPEAL Nos.3562-3563 OF 2019 (S-RES)

BETWEEN:

STATE OF KARNATAKA

REPRESENTED BY ITS

UNDER SECRETARY TO LAW

JUSTICE AND HUMAN RIGHTS

DEPARTMENT, M.S.BUILDING,

BENGALURU-560 001.

...APPELLANT

(BY SMT.VANI H., AGA)

AND:

1.

SMT.ROOPA K.V.,

AGED ABOUT 34 YEARS,

OCC: STENOGRAPHER,

WORKING AT PERMANENT

LOK ADALAT, ADR CENTER,

MALALAWADI, JAYANAGAR,

5^TH CROSS, MYSURU-577 001.

2.

SRI.DEEPAK JERE

S/O KRISHNA JERE,

AGED ABOUT 36 YEARS,

OCC: STENOGRAPHER,

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WORKING AT PERMANENT

LOK ADALAT AT BELGAUM

COURT COMPLEX,

BELGAUM-591 110.

3.

SMT. MANJULA BADIGANNAVAR

AGED ABOUT 38 YEARS,

OCC: STENOGRAPHER,

WORKING AT PERMANENT

LOK ADALAT AT BELGAUM

COURT COMPLEX,

BELGAUM-591 110.

4.

KARNATAKA LEGAL SERVICES AUTHORITY

NYAYADEGULA

FIRST FLOOR, H.SIDDAIAH ROAD,

BENGALURU-560 027.

REPRESENTED BY ITS

MEMBER SECRETARY.

... RESPONDENTS

(BY SRI.VIGNESHWAR.S.SHASTRY, ADVOCATE FOR R1 & R2;

SRI.SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE FOR R4;

R3-MANJULA BADIGANNAVAR IS SERVED (PARTY-IN-PERSON))

THESE APPEALS ARE FILED UNDER SECTION 4 OF THE

KARNATAKA HIGH COURT ACT, 1961, PRAYING TO (A) ALLOW

THE WRIT APPEAL (B) SET ASIDE THE ORDER DATED

15/03/2019, PASSED BY THE LEARNED SINGLE JUDGE IN WRIT

PETITION NOS.38186-38188/2016 (S-RES) AND ETC.,

THESE WRIT APPEALS COMING ON FOR PRELIMINARY

HEARING

THIS

DAY,

HANCHATE

SANJEEVKUMAR

J.,

DELIVERED THE FOLLOWING:

J U D G M E N T

These intra-Court appeals are filed under Section 4

of the Karnataka High Court Rules, 1961 calling in question

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the order passed by the learned Single Judge in

W.P.Nos.38186-38188/2016 (S-RES) dated 15.03.2019.

2.

There is a delay of 124 days in filing the

appeal. The Under Secretary to Government, Law

Department (Admn-2), Vidhana Soudha, Bengaluru has

filed an affidavit in support of the application seeking

condonation of delay. It is stated in the affidavit that

certified copy of the order was obtained on 03.04.2019.

Thereafter, a certified copy of the judgment along with the

opinion of the Government Advocate was received and

further opinion was sought by the Finance Department

regarding preferring of appeal against the order passed in

W.P.Nos.38186-38188/2016 dated 15.03.2019. Therefore,

under these circumstances, delay is caused in preferring

the appeal by 124 days. Hence, it is prayed for

condonation of delay.

3.

We have considered the said explanation. We

find that the same is not acceptable to us.

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4.

In this context, we rely on the following

judgments of the Hon'ble Supreme Court, which have been

relied upon by a Co-ordinate Bench of this Court in

W.A.No.601/2020 disposed of on 19.01.2021 (Bangalore

Development Authority and Another Vs. Rukkamma and

Others), where there was a delay of 157 days in filing the

appeal by the appellants therein:-

“a) The Hon'ble Supreme Court in the case

of Office of the Chief Post Master General &

others vs. Living Media India Ltd. &

another, [(2012) 3 SCC 563] has

deprecated the delay in filing special leave petitions

by the State and Central Governments as well as

their instrumentalities and agencies. Paragraph

Nos.27 to 30 of the said judgment read as under:

“27. It is not in dispute that the

person(s) concerned were well aware or

conversant with the issues involved including

the prescribed period of limitation for taking up

the matter by way of filing a special leave

petition in this Court. They cannot claim that

they have a separate period of limitation

when the Department was possessed with

competent persons familiar with court

proceedings. In the absence of plausible

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and acceptable explanation, we are posi