STATE OF U.P. Vs. MOHAN LAL

JUDGEMENT

(1.) The present petition has been filed impugning order(dtd. 13/11/2009 in Civil Misc. Writ Petition No.34974 of 2001) passed by the Division Bench of the High Court(High Court of Judicature at Allahabad). Along with the petition, an application has been filed seeking condonation of delay of 1,633 days in filing the present petition.

(2.) A perusal of the application filed by the petitioner-State seeking condonation of huge delay of 1,633 days in filing the petition shows that to challenge the impugned order dtd. 13/11/2009 passed by the High Court the file was put up before the Competent Authority, Bareilly, for the first time on 13/4/2011. On this file the Competent Authority directed to seek legal opinion from the District Government Counsel (Civil)(Hereinafter referred to as 'DGC (Civil)'). After receiving the legal opinion from DGC (Civil), permission was sought from the State Government which was granted and received by the petitioner on 16/9/2011. Thereafter, to explain the delay in filing the petition, the only plea taken is that the matter was entrusted to the counsel. However, later it was found that initially the appeal was not filed. It is further evident from the application that the case was not properly followed up at any stage. The explanation given for seeking condonation of huge delay of 1,633 days cannot be accepted, when it is not disputed that the petitioner-State appeared before the High Court and was heard before passing of the impugned order, so it was within their knowledge.

(3.) From the material placed on record, we do not find sufficient cause is made out for condonation of huge delay of 1,633 days in filing the present petition.