STATE OF MIZORAM Vs. V S PILLAI

JUDGEMENT

(1.) Heard Mr. N. Sailo, learned Govt. Advocate appearing for the State-applicants and Mr. G. Raju, learned council for the respondents.

(2.) This is an application under Section 5 of the Limitation Act, 1963 seeking condonation of delay of 103 days in preferring the belated writ appeal being W.A. No. 3\' 05. The delay has been explained in paragraph 2 of the Misc. application which reads as under:

(3.) Relying on the aforesaid averments Mr. Sailo, learned Govt. Advocate has strenuously argued that the delay was not intentional and there was no negligence and laches on the part of the applicants. According to him the delay has been occurred due to the processing of the records by the Department concerned. That apart, there were holidays like Christmas and New Year which fell during those period and in this process such delay has been occurred. It is also contended by Mr. Sailo that in case of Government application/appeal the Court should be liberal in condoning the delay taking into account the facts that delay generally occurs due to the bureaucratic tangle and if the delay in question is not condoned, it would cause irreparable loss and injury to the State-applicant.