STATE OF U P Vs. JAGDISH PRASAD SHARMA

JUDGEMENT

(1.) THIS First Appeal has been filed beyond time by 283 days. The judgment of the Court below was delivered on 21-2- 2003. In the affidavit filed in support of the delay condonation application it is stated that after the judgment was delivered on 21-2-2003, an application for obtaining certified copy was filed by the DGC on 26-2-200 and the same was prepared and delivered to the DGC on 28-2- 2003. The SLAO Bulandshahr by his letter dated 27-2-2003 asked the DGC to furnish copy of he judgment along with his opinion vide Annexure 1 to the affidavit. The DGC through his letter dated 5- 3- 2003 sent the certified copy of the judgment alongwith his opinion which was received in the office of the SLAO on 6-3-2003. Thereafter, the SLAO wrote a letter to the acquiring body on 20-3-2003 for its opinion regarding filing of the appeal in the High Court. Thereafter, reminders were sent on 29-3-2003 and 9-4-2003 to the Executive Engineer for taking steps for filing the appeal, vide Annexures 3, 4 and 5. The acquiring body i. e. Executive Engineer (Construction Division), PWD Khurja by his letter dated 21-4- 2003 sent his consent for filing the appeal and taking further steps in the matter. True copy of the letter dated 21-4-2003 is Annexure 6. The District Magistrate, Bulandshahr then sent a letter on 8-5- 2003 to the State Government for giving its approval for filing the appeal vide Annexure 7. Thereafter, the ADM (Administration) by his letter dated 4-6-2003 demanded the Court fee and the decretal amount from the acquiring body so that the appeal may be filed. True copy of letter dated 4-6-2003 is Annexure 8. Thereafter, the State Government granted approval for filing of the appeal, which was received in the office of the SLAO on 4-6-2003. After receiving the approval order again the acquiring body demanded for release of the decretal amount and the Court fee from the State Government and the same was resisted by the State Government on 19-12-2003. Thereafter, the Chief Engineer in response to the above order released the aforesaid amount by his letter dated 5-1-2004 vide Annexure 11. Thereafter, the Assistant Engineer, PWD was directed by the Executive Engineer to contact the Chief Standing Counsel, High Court for preparing and filing the appeal. The Assistant Engineer came to Allahabad on 29- 1-2004 and contacted the Chief Standing Counsel in this connection and the appeal was filed on 1-3- 2004.

(2.) THUS there is unexplained delay of six months between 4-6-2003 when the order of the State Government granting approval for filing the appeal was received in the office of the SLAO and the release of the decretal amount and the Court fee by the State Government on 19-12-2003 as is evident from paras 10 and 11 of the affidavit in support of the delay condonation application. Earlier also it appears that there was delay on various occasions, which is unexplained. There is further delay between 29-1-2004 when the Assistant Engineer contacted the Chief Standing Counsel, High Court for filing the appeal and 1-3-2004 when the appeal was filed. All these fact show the callous and irresponsible manner in which this appeal has been filed. We are not satisfied that sufficient cause has been shown for the delay. For the reason given in First Appeal No. 162 of 1997, State of U. P. and another v. Kamal Mustafa Khan and others, decided on 9-2-2004 and in First Appeal No. 160 of 1997, State of U. P. and others v. Kamal Mustafa Khan, decided on 3-3-2004 by this Court relying on the Supreme Court decisions in State of West Bengal v. Howrah Municipality, AIR 1972 SC 749 (para 27) and CWT v. Amateur Riders Club, 1994 Supp. (2) SCC 603, this application under Section 5 of the Indian Limitation Act is rejected. Consequently the appeal is also dismissed. Appeal dismissed. .