LAWS(MPH)-2010-5-3

STATE OF MP Vs. K L ASRE

Decided On May 19, 2010
STATE OF MADHYA PRADESH Appellant
V/S
K.L. ASRE Respondents

JUDGEMENT

(1.) There is delay of 1468 days in filing of this writ appeal. The decision was rendered by the Single Bench on 7/11/2005 in Writ Petition No. 1070/2003 (S). The Writ appeal has been preferred on 30/12/2009 after the delay of approximately four years. Application {I.A.No. 13178/2009}, has been filed seeking condonation of delay in filing of the appeal.

(2.) It is submitted that the order has been complied with on the basis of the order passed in the case of respondent K.L.Asre, the other incumbents are demanding similar relief which is causing heavy financial burden upon the exchequer. The Law Department granted sanction to file appeal on 10.12.2009. Thereafter, the appeal has been preferred on 30/12/2009.

(3.) It is apparent from the said contempt petition that the appellants not only complied with the order but were very much aware of the order having been passed. In the application {I.A.No. 13718/2009} which has been filed for condonation of delay, it is mentioned that the Law Department granted sanction on 10.12.2009. TheOfficer-In-Chargewas appointed on 14.12.2009. The delay with effect from 7.11.2005 to 10.12.2009 has not been explained. Thus, we find no ground so as to condone the inordinate delay in the instant case that too after having complied with the order.