STATE OF HIMACHAL PRADESH Vs. KUSUM

JUDGEMENT

(1.) This application is filed by the applicants under Sec. 5 of the Limitation Act, 1963 seeking condonation of delay of 256 days in filing the Letters Patent Appeal challenging the judgment dt. 4/7/2023 in CWP no.5048 of 2022 of the learned Single Judge.

(2.) It is contended that the judgment of the learned Single Judge in CWP no.5048 of 2022 was passed on 4/7/2023; that intimation of the same was received in the office of the applicants through a letter written by the Advocate General on 1/9/2023; prior thereto, the Pr. Secretary (PW) to the Government of Himachal Pradesh, through a letter dt. 13/7/2023, had directed the Engineer-in-Chief, HPPWD, to take further necessary action in respect of the said judgment of the learned Single Judge; thereafter, the Engineer-in-Chief examined and forwarded it to the Law Department on 4/8/2023; in the meantime, the copy of the judgment was also downloaded from the website of the High Court; advise was given by the Law Department through a letter dt. 1/9/2023 to the Engineer-in-Chief, HPPWD, Shimla, and a decision was taken to file the LPA in this Court; and the LPA came to be filed on 22/3/2024.

(3.) A perusal of the above explanation shows that though the High Court disposed of the Writ petition on 4/7/2023, the judgment was admittedly downloaded from the High Court website and the Advocate General also informed on 1/9/2023 about disposal of the same.