2018 (12) TMI 1959

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....n 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" whic....

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....ment 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 Departme....