Chhattisgarh High Court Denies Condonation of Delay for State's Appeal

Court Emphasizes Equal Application of Limitation Law, Rejects Government's Plea for Delay in Filing Appeal

In a significant judgment, the Chhattisgarh High Court has rejected the State's application for condonation of delay in filing an appeal against an impugned order dated April 23, 2025. The Division Bench, comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, emphasized the equal application of the Limitation Act to all litigants, including government departments, thereby dismissing the writ appeal due to a delay of 107 days.

The case involved the State of Chhattisgarh seeking condonation of delay under Section 5 of the Limitation Act, 1908, to file an appeal against a single judge's decision. The State argued that the delay was due to the fulfillment of various departmental formalities and the complexities of government machinery, which led to an unexpected extension of time. However, the court highlighted that government departments do not possess an inherent right or privilege for condonation of delay and must demonstrate sufficient cause just like any other litigant.

The judgment referenced several Supreme Court decisions, including Postmaster General v. Living Media India Limited and State of Madhya Pradesh v. Ramkumar Choudhary, which underline that the law of limitation binds all litigants equally, including government bodies. The court reiterated that condonation of delay is an exception and not the rule, urging government entities to avoid negligence or lack of bona fides.

The court pointed out the absence of a plausible explanation from the State for the delay and stressed the importance of diligence and commitment in fulfilling their duties. It also noted that no substantial reason was provided that could justify the delay, thereby failing to establish 'sufficient cause' as required by law.

The judgment serves as a reminder to government departments of their special obligation to discharge duties diligently and the need to streamline processes to avoid unnecessary delays in legal matters. The court's decision underscores the principle that the law should not be distorted to confer undue advantage upon select entities, advocating for a fair and equitable application of legal provisions.

Bottom Line:

Condonation of delay by Government departments is not a matter of right or anticipated privilege; the law applies equally to all litigants, and the government must ensure due diligence and avoid negligence or lack of bona fides.

Statutory provision(s): Limitation Act, 1908 Section 5

State of Chhattisgarh v. Mangala Sharma, (Chhattisgarh)(DB) : Law Finder Doc Id # 2804575