STATE OF WEST BENGAL Vs. KALYAN GANGULY

JUDGEMENT

(1.) This mandamus appeal is directed against the judgment and/or order dated 27th March, 2012 passed by a Learned Single Judge of this Court in W.P. No. 25019(W) of 2010 at the instance of the State appellants. Along with the appeal, an application under section 5 of the Limitation Act has also been filed by the appellants praying for condonation of 186 days delay in filing this appeal. Reason for the delay has been explained by the appellants in the said application very casually. We will deal with the explanation which was given by the appellants for the delay in preferring this appeal subsequently.

(2.) Mr. Majumder, learned Assistant Additional Advocate General, appearing for the State-Appellants tried to impress upon us that this appeal being a meritorious appeal, the Court should not reject the application for condonation of delay by considering the reasonableness of the explanation for such delay very rigidly.

(3.) Normally, while considering an application for condonation of delay, we consider the merit of the appeal and in the event we find that the appeal is a meritorious one, we no doubt take a very liberal approach in condoning the delay, provided however, we find some justifiable explanation is forthcoming from the side of the State-appellants.