State Of Haryana And ORS v. Ruhi Khan And ORS




    
   

  Date of Decision: 18.07.2018 State of Haryana and another .....Appellants versus Ruhi Khan and others .....Respondents  !  "  #
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%  Present :

Mr. Lokesh Sinhal, Addl. Advocate General, Haryana, for the appellants.

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% &'(  This intra)court appeal under clause X of the Letters Patent has been filed challenging the judgment and order of the learned Single Judge dated 18.05.2017 allowing the writ petition filed by the petitioners) respondents herein.

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There is a delay of 158 days in filing and 135 days in refilling the appeal by the appellant)State of Haryana. The only explanation submitted in the application for condonation of delay is contained in paragraph)2 of the application which reads as under:)
 

                  

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 $  % &   - Ravinder Sharma 2018.07.20 10:31 I attest to the accuracy and integrity of this document

  LPA No. 863 of 2018 (O&M) [2]   3.

As is usual with the State, the delay has been attributed to the movement of the file, from one office to another, seeking legal opinion and permission to file Letters Patent Appeal. In our considered opinion such a lackluster attitude of the officials cannot constitute a good ground to condone the delay and to take away a vested right which stands created in favour of the other side by inaction on the part of the appellants. In case the delay is unintentional and
, the same is liable to be condoned but where the delay is on account of lackluster attitude of the officials, in such circumstances, the delay is not liable to be condoned. 4.

We are not satisfied with the explanation submitted for condoning the delay and as such the delay condonation application stands dismissed. Accordingly, the appeal also stands dismissed as barred by limitation.



 






  























  
 




 


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Whether speaking/reasoned √Yes/No Whether reportable Yes/No√ Ravinder Sharma 2018.07.20 10:31 I attest to the accuracy and integrity of this document