LAWS(ALL)-2011-12-353

STATE OF U.P. & OTHERS Vs. USUF

Decided On December 13, 2011
State of U.P. and others Appellant
V/S
Usuf Respondents

JUDGEMENT

(1.) HEARD learned counsel for the appellant.

(2.) IN view of the judgment dated 03.07.2010 passed by this Court in Second Appeal (Defective) No. 250 of 2010: State of U.P. through Collector, Azamgarh Vs. Keshav Murari Rai, regarding delay in filing appeal and also in view of the observations made in paragraph 11 in the case of State of Haryana Vs. Chandra Mani and others reported in : (1996) 3 SCC 132, the Court is of the view that sufficient cause of delay should be considered with pragmatism in justice -oriented manner. Certain amount of latitude within reasonable limits is permissible having regard to impersonal bureaucratic set -up involving red -tapism. Officer concerned should be made personally responsible for the delay in filing the appeal. State cannot be put on the same footing as an individual.