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TMI Blog2018 (12) TMI 1959X X X X Extracts X X X X X X X X Extracts X X X X ..... in filing the application seeking restoration. 2. The only ground, which has been urged for seeking condonation of delay is that the counsel appearing in the matter was elevated as a Judge of this Court and the department was not aware about the peculiar circumstances. This averment, in our view, is not bonafide as on account of the fact that the appellant cannot be compared to an illiterate litigant as cases of the appellant are looked after by the law department with law officers who monitors the cases. 3. In fact, the Hon'ble Supreme Court has in length analyzed the law on condonation of the delay in Collector, Land Acquisition, Anantnag v. Mst. Katijireported at (1987) 2 SCC 107 held as under "...The fact that it was the "State" whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nment bodies, their agencies and instrumentalities that unless they have reasonable and acceptable explanation for the delay and there was bonafide effort, there is no need to accept the usual explanation that the file was kept pending for several months/years due to considerable degree of procedural red-tape in the process. The government departments are under a special obligation to ensure that they perform their duties with diligence and commitment. Condonation of delay is an exception and should not be used as an anticipated benefit for government departments. The law shelters everyone under the same light and should not be swirled for the benefit of a few. Considering the fact that there was no proper explanation offered by the Departm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... persuade the Court to believe that the explanation rendered is not only true, but is worthy of exercising judicial discretion in favour of the applicant. If it does not specify any of the enunciated ingredients of judicial pronouncements, then the application should be dismissed." 6. The LPA was filed in the year 2003:Thereafter, it was listed from time to time.Thus, in view of the settled principle of law discussed hereinabove, we are not satisfied with the explanation rendered by the applicant either in terms of seeking restoration of the appeal or condonation in filing the application for restoration. 7. Accordingly, we find no ground to allow the present applications. Both the applications are thus dismissed. 8. Pending applications ..... X X X X Extracts X X X X X X X X Extracts X X X X
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