STATE OF J&K Vs. GHULAM MOHAMMAD BANDAY

JUDGEMENT

(1.) Appeal preferred by the applicants against the judgment of the Writ Court dated 09.08.2018 passed in SWP No. 1662/2016 is delayed by 173 days and, therefore, instant application seeking condonation of delay.

(2.) It is contended that as soon as the copy of the judgment impugned in the appeal was received by the applicants, further process was put in motion. The Executive Engineer, R&B Division, Handwara, to which the matter pertained, took up the matter on 04.09.2018 with the Superintending Engineer, PWD (R&B) Circle Baramulla/Kupwara for further instructions. The matter was thereafter brought to the notice of the Chief Engineer, PWD (R&B) Kashmir by the Superintending Engineer concerned vide his communication dated 15.09.2018. This is how the matter landed before the Administrative Department in terms of communication of the Chief Engineer dated 17.11.2018. The relevant record was also made available to the Administrative Department. It was only after examining the judgment and the connected record, the Administrative Department decided to avail the remedy of appeal before the Division Bench but before the formal appeal could be filed the view of the Department of Law and Justice was required. The matter went to the Department of Law and Justice, which, after examining the matter, gave sanction for filing the appeal. The sanction of the Law Department was communicated by the Administrative Department vide its communication dated 04.01.2019 to the Chief Engineer, PWD (R&B) Kashmir, and this is how the Executive Engineer concerned was asked to liaison with the Government Advocate and file the appeal. This is how the delay of 173 days in filing the appeal has been sought to be explained by the applicants.

(3.) The non-applicant has filed objections and has denied the submissions made by the applicants in the application. It is submitted that the judgment was passed on 09.08.2018 and the same was not assailed by the applicants within the limitation provided. It was only when non-applicant filed contempt petition and directions were issued by Court from time to time to implement the judgment, the applicants woke up from slumber and filed the instant application. It is thus submitted that the reasons given by the applicants do not furnish sufficient cause for condoning the delay and, therefore, the application, which is misconceived, deserves to be dismissed.