Sulata Toppo v. State of Jharkhand through its Chief Secretary
2023-03-27
ANANDA SEN, SANJAYA KUMAR MISHRA
body2023
DigiLaw.ai
ORDER : (Sanjaya Kumar Mishra, J.) 1. I.A. No. 2727 of 2023 has been filed for condoning the delay of 770 days in preferring this appeal. 2. It appears that the appellant is trying to take advantage of a judgment passed by this Court in a Division Bench which covers this case. 3. We have carefully examined the application for condonation of delay. At paragraph 4, the appellant prays that after the impugned judgment was passed on 05.07.2018 she was fully hopeless despite the fact that she was fully meritorious and qualified in merit but since her candidature was withheld because of the certificate issued by the Deoghar Vidhya Pith for which she cannot be held liable, hence she was in a shock for almost one and half years. However, no supporting document has been annexed with the application for condonation of delay. 4. It is true that in the case of Collector Land Acquisition, Anantnag & anr Vs. Mst. Katiji & Ors, AIR 1987 SC 1353 , the Hon’ble Supreme Court has held that the petitioner is not required to explain the delay in a pedantic manner. Certain applications under Section 5 of the Limitation Act have to be considered liberally, but in this case we find that no explanation at all regarding the delay of 770 days in preferring the appeal, rather we consider the appellant to be a fence sitter who has filed this appeal after coming to know about the bunching of several cases by the Division Bench of this Court and which was ultimately allowed on 10.05.2022. In that view of the matter, the delay has not been properly explained and the appellant has failed to show that she was prevented by sufficient reasons from preferring the appeal in time. In that view of the matter, we are not inclined to allow the application for condonation of delay, which is accordingly dismissed. Consequently, the Letters Patent Appeal being not maintainable is also dismissed. 5. No orders as to costs. 6. Urgent copies as per Rules.