STATE Vs. KAMLESH KUMAR

JUDGEMENT

(1.) This is an application by the Appellant/applicant seeking condonation of delay in filing the petition for leave to appeal on the ground that the impugned judgment was pronounced on 28th January, 2010 and considerable time was taken in procuring the certified copy of the judgment.

(2.) The applicant has given the details as to who has considered the file to decide whether a petition for leave to appeal is to be filed or not.

(3.) The applicant has relied on Collector of Land Acquisition v. Katiji, 1987 2 SCC 107 and State of Nagaland v. Lipok Ao, 2005 3 SCC 752 holding that sufficient cause should be considered with pragmatism in justice oriented approach rather than a technical defection of sufficient causes for explaining every days delay having regard to considerable delay of procedural red tape in the decision making process of the government, certain amount of latitude is permissible and should be given. The applicant has contended that the State Government is the impersonal machinery working through its officers or servants- hence it cannot be put on the same footing as an individual.