Jammu & Kashmir High Court – Srinagar Bench
Union Territory Of J And K And vs Ghulam Mohammad Sheikh on 8 August, 2025
Author: Sindhu Sharma
Bench: Sindhu Sharma
S. No. 18
Regular Cause List
IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(1835/2024) IN LPA 78/2024
UNION TERRITORY OF J AND K AND
ORS. ...Appellant(s)/Petitioner(s)
Through: Mr. Illyas Laway, GA
Vs.
GHULAM MOHAMMAD SHEIKH
...Respondent(s)
Through: Mr. B. A. Zargar, Advocate
CORAM:
HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
HON'BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE
ORDER
08.08.2025
01. This application has been filed by the UT of J&K, seeking condonation
of 275 days’ delay in filing the above titled Letters Patent Appeal (LPA),
against the Judgment dated 02.05.2023 in SWP no. 1786/2013 titled
Ghulam Mohammad Sheikh vs. UT of JK and others. The applicants
submit that after the judgment was passed, applicants took steps to
forward the same to the Department which took time for consultation
regarding filing of appeal with the Administrative Department as well as
the Law Department. After consultation, the sanction to file the LPA was
received by them on 18.01.2024. The time which has been spent for
consultation and obtaining sanction for filing the appeal causing delay in
filing the LPA is due to administrative reasons and not otherwise.
02. Respondent has vehemently opposed the application seeking condonation
of delay on the ground that applicants have not been vigilant in pursuing
their remedy and they have not explained the delay in proper manner.
03. It is well settled that when delay is occasioned at the behest of the
Government, the approach of the Court should be pragmatic. This
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CM(1835/2024) IN LPA 78/2024
view was held by the Apex Court in the Special Tehsildar, Land
Acquisition, Kerala vs. K. V. Ayisumma, AIR 1996 SC 2750.
04. In view of the aforesaid facts and circumstances, we find a sufficient
cause for condoning 275 days’ delay is made out. Accordingly, delay of
275 days in filing the appeal is condoned subject to cost of Rs.5000/- to
be paid to the respondent before the next date.
05. Registry to list the LPA on 29.08.2025.
(SHAHZAD AZEEM) (SINDHU SHARMA)
JUDGE JUDGE
SRINAGAR
08.08.2025
"Imtiyaz"
Imtiyaz Ul Gani
I attest to the accuracy and
authenticity of this document
12.08.2025 09:49