STATE OF UTTARAKHAND Vs. RFAN
LAWS(UTN)-2012-12-15
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on December 24,2012

STATE OF UTTARAKHAND Appellant
VERSUS
Rfan Respondents

JUDGEMENT

- (1.) Respondents have been served. Learned Advocates, Mr. Navneet Kaushik and Mr. Mohd. Umar, have filed Vakalatnama on behalf of the respondents. Their names are appearing in the list, but they are not appearing.
(2.) There has been 84 days' delay in preferring the appeal and, accordingly, an Application for condonation of delay has been filed. No one is seeking to object the said Application. We have perused the averments made in the Application for condonation of delay and have found that the reason for the delay was delay in granting permission to prefer appeal. What could be done when the same was done, could also be done within the time by which the same was required to be done. Therefore, though there is no good reason for the delay; but, having regard to the fact that the Government is required to depend on discharge of duties by Government servants and, it is because of the laches on the part of the Government servants that there has been delay in preferring the appeal, we condone the delay and, thereby, allow the Application for condonation of delay, inasmuch as, for the laches on the part of the Government servants, a good cause for the Government should not be permitted to be rejected on technical ground.
(3.) Heard on the merit of the Application for leave to prefer appeal.;


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