J&K & Ors. Vs. Mohmad Maqbool Sofi & Ors.  INSC 1354 (31 July
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.
5149 OF 2009 (Arising out of SLP)No.11105 of 2008) State of J & K &
Ors. ----Appellants Versus Mohmad Maqbool Sofi & Ors. ----Respondents
This appeal is directed against an order dated 24th of July, 2007
passed by the High Court of Jammu & Kashmir at Srinagar in LPA No.254/2006,
by which the High Court had rejected the application for condonation of delay
in filing the Letters Patent Appeal and consequent thereupon, the appeal was
dismissed on the ground of delay.
We have carefully examined the application filed by the State of
Jammu & Kashmir, the appellant 2 herein, and the statements made there under
and also the impugned order. After thorough examination of the application for
condonation of delay and the impugned order, we are of the view that the State
of Jammu and Kashmir had made out sufficient cause for not filing the Letters
Patent Appeal within the period of limitation. It is not in dispute that there
has been a delay of 97 days in filing the appeal at the instance of the State
of Jammu and Kashmir. It is well settled that for the purpose of filing an
appeal, the file has to be rooted through different departments of the State
which require some time to take a final decision whether the Letters Patent
Appeal shall be filed against the order of the learned Single Judge.
That being the position, we set aside the impugned order and
restore the Letters Patent Appeal to its original number. The High Court is now
requested to dispose of the Letters Patent Appeal within three months from the
date of supply of a copy of this 3 order to it after giving hearing to the
parties and after passing a reasoned order in accordance with law.
When the LPA will be restored, it will be open to the parties to
apply for appropriate interim order before the High Court and if such application
is filed, the High Court is requested to decide the same as expeditiously as
The impugned order is thus set aside. The appeal is allowed to the
extent indicated above. There will be no order as to costs.
...........................J. [Tarun Chatterjee]
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