Court No. - 21
Case :- SPECIAL APPEAL DEFECTIVE No. - 456 of 2018 Appellant :- State Of U.P. And 3 Ors.
Respondent :- Jiv Kumar Tewari Counsel for Appellant :- Anand Kumar Ray Counsel for Respondent :- Upendra Mishra
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This appeal is barred by limitation from 6 years 302 days. An application is preferred to have condonation of the same.
On going through the contents of the application, we do not find any justifiable reason to condone the delay.
It is stated that delay occurred as some time was consumed in administrative process.
True it is that some delay if occurred due to administrative process then that requires condonation but, in the case in hand, the delay is of about 7 years and that indicates fault on part of the respondents instead consumption of time in administrative process.
In view of it, we are not inclined to grant the application under Section 5 of the Limitation Act. The application, hence, is dismissed.
In result, the appeal is also dismissed.
Order Date :- 30.7.2018 Shubham .
(Chandra Dhari Singh, J.) (Govind Mathur, J.)