Cm No. 5457/2024 vs Sandeep Sharma on 20 April, 2026

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    Jammu & Kashmir High Court

    Cm No. 5457/2024 vs Sandeep Sharma on 20 April, 2026

    Author: Rajnesh Oswal

    Bench: Rajnesh Oswal

                                                                                   2026:JKLHC-JMU:1087-DB
                                                                            Serial No. 17
    
         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                      AT JAMMU
    
    CJ Court
                                     Case No. LPA No. 190/2024 in
                                              WP(C) No. 896/2020
                                              CM No. 5457/2024, 5458/2024
    
                                               Pronounced on:       20.04.2026.
                                               Uploaded on:         22.04.2026.
    
    
    UT of J&K and others                               .....Appellant(s)/Petitioner(s)
    
    
                            Through: Mr. Raman Sharma, AAG with
                                     Ms. Saliqa Sheikh, Assisting Counsel.
    
                      vs
    Sandeep Sharma                                                ..... Respondent(s)
                            Through: Mr. Sachin Gupta, Advocate.
    Coram: HON'BLE THE CHIEF JUSTICE
           HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
                                       ORDER
    

    20.04.2026

    1. This is an application seeking condonation of delay of 1563 days in

    SPONSORED

    assailing the judgment dated 18.03.2020 rendered by the learned Writ

    Court in WP(C) No. 896/2020 titled “Dr. Sandeep Sharma vs. UT of

    J&K and others“.

    2. It is stated that pursuant to the directions issued by the Single Judge in

    CCP(S) No. 166/2021, a Committee was constituted by the Chief

    Engineer, JKDC vide order dated 22.09.2022 and it was found by the

    Committee that the consumer, namely, Dr. Sandeep Sharma was billed

    on Flat Rate basis for the period December, 2018 to February 2019,

    whereas the consumer was to be charged for demand charges only

    LPA No. 190/2024
    in WP(C) No. 896/2020 Page 1 of 4
    2026:JKLHC-JMU:1087-DB

    (due to locking of installation). Accordingly, the Revised Assessment

    Sheet was framed after taking into consideration the Demand Charges

    for three months i.e. December 2018 to February 2019 and instead of

    flat rate of Rs. 15,73,001/-, a balance of Rs. 7,77,099/- was found to be

    due. It is further stated the Amnesty Scheme cannot be extended to the

    respondent, as the period of scheme has already expired and more so,

    no representation for availing the benefit under the Scheme was

    submitted by the consumer when the scheme was in vogue. It is also

    pleaded that the matter was referred to the Administrative Department

    and as the Amnesty Scheme was closed it was decided to prefer intra-

    court appeal.

    3. The respondent has filed response, thereby stating that the order dated

    18.03.2020 was duly served upon the appellants/applicants and despite

    being aware of the order passed by the learned Writ Court, the

    appellants/applicants chose to file the appeal after a lapse of four years

    from the date of the order.

    4. Heard learned counsel for the parties and perused the record.

    5. The record depicts that this application for condonation of delay along

    with the appeal was filed on 31.08.2024 and admittedly there is delay

    of 1563 days in filing the appeal. It is admitted by the applicants in the

    application seeking condonation of delay that a Committee was

    constituted on 22.09.2022, as a result of which, an amount of Rs.

    15,73,001/-, initially payable by the respondent was reduced to Rs.

    7,77,099/-. Thus, it is evident that the applicants initially chose to

    comply with the judgment, however, it appears that suddenly there

    LPA No. 190/2024
    in WP(C) No. 896/2020 Page 2 of 4
    2026:JKLHC-JMU:1087-DB

    was change of heart of the appellants/applicants and they chose to

    assail the judgment dated 18.03.2020 only in the year 2024. It is stated

    by the appellants/applicants that detailed compliance report has been

    filed in the contempt petition.

    6. Applicants were well aware about the judgment and even constituted a

    Committee to comply with the judgment and suddenly thereafter, they

    decided to assail the judgment.

    7. After examining the application for condoning the delay of 1563 days

    in filing the appeal against the judgment dated 18.03.2020, we find no

    plausible or convincing reason to condone the inordinate delay.

    8. Reliance is placed upon decision of Hon’ble Supreme Court of India

    in case titled as Shivamma (Dead) by LRs Vs. Karnataka Housing

    Board and Ors, reported in 2025 INSC 1104, wherein paragraph No.

    263, the Supreme Court has held as under:-

    “263. Limitation periods are prescribed to maintain a
    sweeping scope for the lis to attain for finality. More than
    the importance of judicial time, what worries us is the
    plight of a litigant with limited means, who is to contest
    against an enormous State, and its elaborate and never-
    exhausting paraphernalia. Such litigations deserve to be
    disposed of at the very threshold, because, say if a party
    litigating against the State, for whatever reason, is unable
    to contest the condonation of delay in appeal, unlike the
    present case, it reopens the lis for another round of
    litigation, and leaves such litigant listless yet again. As
    courts of conscience, it is our obligation that we assure that
    a litigant is not sent from pillar to post to seek justice.”

    9. Accordingly, the application seeking condonation of delay along with

    the accompanying appeal is dismissed, however, the applicants are

    left free to put forth their case with regard to compliance of the

    LPA No. 190/2024
    in WP(C) No. 896/2020 Page 3 of 4
    2026:JKLHC-JMU:1087-DB

    judgment dated 18.03.2020 rendered by the learned Writ Court, in the

    contempt proceedings.

    10. Disposed of along with the connected applications.

                                  (RAJNESH OSWAL)                     (ARUN PALLI)
                                           JUDGE                      CHIEF JUSTICE
    
    Jammu
    20.04.2026
    Sahil Padha
                                   Whether the order is speaking:     Yes/No.
                                   Whether the order is reportable:   Yes/No.
    
    
    
    
          LPA No. 190/2024
          in WP(C) No. 896/2020                                                 Page 4 of 4
     



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