IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA

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ON THE 9 OF DECEMBER, 2025 REVIEW PETITION No. 1502 of 2025 THE STATE OF MADHYA PRADESH Versus ANUP GOYAL AND OTHERS Appearance:

Shri Swapnil Ganguly - Deputy Advocate General for petitioners/State.

Smt. Shobha Menon - Senior Advocate with Ms. Shreya Pandey -

Advocate for respondent No.1.

ORDER This petition is filed seeking review of the order dated 14.07.2022 passed by the coordinate Bench of this Court in WP No. 13382 of 2011 (Shri Anup Goyal vs The State of M.P. and others) which was allowed in analogous hearing with other connected writ petitions.

2. Heard on I.A. No. 17560 of 2025 which is an application for condonation of delay of 1103 days in filing the review petition.

3. It is pointed out by the counsel for the review petitioners that there is no deliberate or willful delay or laches on the part of the petitioners/State in filing the instant revision petition rather the delay caused on account of procedural formalities. The delay is bona fide, unintentional and caused by circumstances beyond the control of the petitioners; therefore, the same deserves to be condoned. In support of the arguments for condonation of delay, he has placed reliance upon the judgments passed by the Hon'ble Supreme Court in the cases of Sheo Raj Singh vs Union of India reported in (2023) 10 SCC 531 as well as Inder Singh vs State of Madhya Pradesh reported in 2025 SCC OnLine SC 600. It is argued that Hon'ble Supreme Court has considered the aspect that if in a particular case, merits have to be examined, it should not be scuttled merely on the basis of limitation; therefore, he prays for condonation of delay in preferring the review petition.

4. Per contra, learned counsel appearing for respondent No.1 has vehemently opposed the contentions and prayed for dismissal of the review petition on the ground of delay. It is submitted that the delay has not been properly explained by the review petitioners. There is a huge delay of 1103 days in filing the review petition. The authorities were well aware of the order passed by this Court dated 14.07.2022; however, no steps were taken by them to prefer a review petition within time. The limitation period for filing a review petition is 30 days. Reply to application for condonation of delay has also been filed. It is contended that there should have been sufficiency of cause and reasonable explanation as to why the review petition could not be preferred in time. The application for condonation of delay is silent on the aforesaid aspect. It is merely mentioned that due to procedural aspect, the delay has occurred. She has prayed for dismissal of review petition on the ground of delay itself.

5. Heard learned counsels for the parties.

6. The law with respect to condonation of delay is settled by the Hon'ble Supreme Court in a catena of judgments, one being reported in the case of State of M.P. vs Bherulal, (2020) 10 SCC 654 wherein it is held as under :

3. No doubt, some leeway is given for the government inefficiencies but the sad part is that the authorities keep on relying on judicial pronouncements for a period of time when technology had not advanced and a greater leeway was given to the Government [LAO v. Katiji, (1987) 2 SCC 107] ]. This position is more than elucidated by the judgment of this Court in Postmaster General v. Living Media (India) Ltd. [Postmaster General v. Living Media (India) Ltd., (2012) 3 SCC 563 : (2012) 2 SCC (Civ) 327 : (2012) 2 SCC (Cri) 580 : (2012) 1 SCC (L&S) 649] wherein the Court observed as under: (Postmaster General case [Postmaster General v. Living Media (India) Ltd., (2012) 3 SCC 563 : (2012) 2 SCC (Civ) 327 : (2012) 2 SCC (Cri) 580 :

(2012) 1 SCC (L&S) 649] , SCC pp. 573-74, paras 27-30)

“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 s