- (1.) Leave granted.
(2.) 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.
(3.) We have carefully examined the application filed by the State of Jammu & Kashmir, the appellant herein, and the statements made thereunder 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.;