STATE OF MADHYA PRADESH Vs. SATYA DEV SHARMA

JUDGEMENT

(1.) HEARD on IA 3661/2014 an application for condonation of delay in filing this writ appeal.

(2.) AS per office report, there is a delay of 825 days in filing this appeal. It is mentioned in the application that order in the writ petition was passed on 14/12/2011. Thereafter, legal opinion was forwarded to the Government vide letter dated 5/1/2012 for filing appeal. Then the Department granted permission to file appeal on 24/3/2014 and thereafter the appeal was filed on 17/6/2014. There is no mention in the application as to what had happened after furnishing legal opinion on 5/1/2012 till 24/3/2014, i.e. for a period more than two years. In accordance with Section 5 of the Limitation Act, if there was sufficient reason on the part of the person not to approach the Court within time, then the Court can condone the delay. However, in the present case, sufficient reason has not been explained by the appellants.

(3.) HON 'ble the Supreme Court in Esha Bhattacharjee Vs. Managing Committee of Raghunathpur Nafar Academy and others, 2013 12 SCC 649 has held as under in regard to exercise of powers by the Courts in the matter of condonation of delay: