PATNA, India, Oct. 3 -- Patna High Court issued the following judgment on Sept. 3:
Heard I.A. No. 01 of 2020 for condonation of delay. There is a delay of about 08 years 03 months and 14 days in filing L.P.A. No. 251 of 2020. The State-Appellant had cause of action on 19th November, 2011 pursuant to the order of the learned Single Judge dated 20.10.2011 passed in C.W.J.C. No. 4360 of 2007. Perusal of various paragraphs in support of condonation of delay application, there is no iota of material evidence to the extent from what date to what date delay has occurred and on what basis we have to condone enormous delay of about 08 years and few months and days.
2. The Hon'ble Supreme Court in the case of State of Madhya Pradesh vs. Ramkumar Choudhary decided in [SLP (C) Diary No. 48636 of 2024] on November 29, 2024, while examining State litigation read with delay in filing litigation, it has deprecated and imposed cost of Rs. One Lakh. Taking note of the principle laid down by the Hon'ble Supreme Court in the aforementioned decision read with H. Guruswamy & Ors. vs. A. Krishnaiah reported in 2025 SCC OnLine SC 54 decision, the Appellant has not made out a case so as to condone the enormous delay of about 08 years and few months and few days. Accordingly, the present I.A. for condonation of delay stands rejected. Consequently, L.P.A. stands dismissed with cost of Rs.5,000/- (Rs. Five Thousand). Cost shall be paid to the Respondents within a period of 08 weeks from today.
3. Pending I.As., if any, stands disposed of.
Disclaimer: Curated by HT Syndication.
