State Of Chhattisgarh vs Khem Lal Sahu on 7 July, 2026

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    Chattisgarh High Court

    State Of Chhattisgarh vs Khem Lal Sahu on 7 July, 2026

    Author: Ramesh Sinha

    Bench: Ramesh Sinha

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                       CGHC010206172026                                 2026:CGHC:27889-DB
                                                                                         NAFR
                                HIGH COURT OF CHHATTISGARH AT BILASPUR
                                                WA No. 557 of 2026
                       1 - State of Chhattisgarh Through Secretary, Department of Forest,
                       Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur Chhattisgarh (Resp.
                       No. 1)
                       2 - Principle Chief Conservator of Forest Head Quarter Jail Road Raipur
                       Chhattisgarh (Resp. No. 2)
                       3 - Chief Conservator of Forest Durg Circle Durg, District Durg
                       Chhattisgarh (Resp. No. 3)
                       4 - Divisional Forest Officer Balod District Balod Chhattisgarh (Resp.
                       No. 4)
                       5 - Divisional Forest Officer Forest Division Balod/ Chairman Scrutiny
                       Committee Balod District Balod Chhattisgarh (Resp. No. 5)
                                                                                 ... Appellants
                                                       versus
                       Khem Lal Sahu S/o Shri Dhiraji Ram Sahu Aged About 53 Years R/o
                       Village House No. 164, Ward No. 8 Sath Para, Rengadabari, Tahsil
                       Doundi Lohara, District Balod Chhattisgarh
                                                                                ... Respondent

    For State/ Appellant(s) : Mr. Prasun Bhaduri, Dy. Advocate General

    Hon’ble Shri Ramesh Sinha, Chief Justice
    Hon’ble Shri Ravindra Kumar Agrawal, Judge

    SPONSORED

    Judgment on Board

    Per Ramesh Sinha, Chief Justice
    ROHIT
    KUMAR
    CHANDRA
    Digitally signed
    07.07.2026
    by ROHIT
    KUMAR
    CHANDRA

    1. Heard Mr. Prasun Bhaduri, learned Deputy Advocate General for

    the appellant/State on I.A. No. 01/2026, which is an application for

    condonation of delay of 217 days in preferring the appeal.
    2

    2. The State/appellants have filed this writ appeal against an order

    dated 28.08.2025 passed by the learned Single Judge in WPS No.

    8915/2019 (Khem Lal Sahu Vs. State of Chhattisgarh and

    Others), by which the learned Single Judge has allowed the writ

    petition filed by the writ petitioner / respondent herein.

    3. Learned Deputy Advocate General appearing for the

    State/appellants submits that immediately after passing the order

    impugned dated 28.08.2025 the appellants/State authorities had

    sought an opinion from the Office of the Advocate General in

    respect to the further recourse to be taken by the State

    Government on 15.01.2026. Upon which the Office of the

    Advocate General accorded opinion for filing appeal on

    03.02.2026 and thereafter proposal has been sent to the Law and

    Legislative Affairs Department through the Department of Medical

    Education for sanction on 25.03.2026 and accordingly the

    sanction for filing appeal has been accorded on 28.04.2026 and

    thereafter OIC is appointed vide order dated 04.05.2026 by the

    concerned Department, who had contacted the Office of Advocate

    General on 14.05.2026 and thereafter, the present appeal is being

    drafted and filed before this Hon’ble Court. He further submits that

    the State is a multi-functioning body and it has to follow the rules

    of obtaining sanction etc. for filing an appeal. It took some time for

    the State to obtain sanction etc. from the highest authorities of the

    State for preferring this appeal. The delay, if any, in filing the

    appeal by the State may kindly be condoned on the basis of
    3

    principles as laid down in case of State of Nagaland Vs. LipokAo

    reported in (2005) 3 SCC page 372.

    4. The question for determination before this Court is whether the

    provisions of Section 5 of the Limitation Act, 1908 (i.e. Act 9 of

    1908 i.e. the old Limitation Act) would apply to an application for

    condonation of delay.

    5. The Hon’ble Supreme Court in the matter of Postmaster General

    and others v. Living Media India Limited and another, (2012) 3

    SCC 563, has dealt with the limitation issue and held as under:-

    “27. It is not in dispute that the person(s) concerned
    were well aware or conversant with the issues
    involved including the prescribed period of limitation
    for taking up the matter by way of filing a special
    leave petition in this Court. They cannot claim that
    they have a separate period of limitation when the
    Department was possessed with competent persons
    familiar with court proceedings. In the absence of
    plausible and acceptable explanation, we are
    posing a question why the delay is to be
    condoned mechanically merely because the
    Government or a wing of the Government is a
    party before us.

    28. Though we are conscious of the fact that in a
    matter of condonation of delay when there was no
    gross negligence or deliberate inaction or lack of
    bonafide, a liberal concession has to be adopted to
    advance substantial justice, we are of the view that
    in the facts and circumstances, the Department
    cannot take advantage of various earlier
    decisions. The claim on account of impersonal
    machinery and inherited bureaucratic
    methodology of making several notes cannot be
    accepted in view of the modern technologies
    being used and available. The law of limitation
    undoubtedly binds everybody including the
    4

    Government.

    29. In our view, it is the right time to inform all the
    government 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.

    30. Considering the fact that there was no proper
    explanation offered by the Department for the delay
    except mentioning of various dates, according to us,
    the Department has miserably failed to give any
    acceptable and cogent reasons sufficient to
    condone such a huge delay. Accordingly, the
    appeals are liable to be dismissed on the ground of
    delay.”

    6. Recently, the Hon’ble Supreme Court in the matter of State of

    Madhya Pradesh v. Ramkumar Choudhary, 2024 INSC 932 ,

    while considering the delay, issued some directions and observed

    as follows:-

    “5. The legal position is that where a case has been
    presented in the Court beyond limitation, the
    petitioner has to explain the Court as to what was
    the “sufficient cause” which means an adequate and
    enough reason which prevented him to approach the
    Court within limitation. In Majji Sannemma v. Reddy
    Sridevi
    , 2021 SCC Online SC 1260, it was held by
    this Court that even though limitation may harshly
    affect the rights of a party, it has to be applied with
    all its rigour when prescribed by statute.
    A reference
    was also made to the decision of this Court in Ajay
    5

    Dabra v. Pyare Ram, 2023 SCC Online 92 wherein,
    it was held as follows:

    “13. This Court in the case of Basawaraj v.
    Special Land Acquisition Officer
    [(2013) 14
    SCC 81] while rejecting an application for
    condonation of delay for lack of sufficient cause
    has concluded in Paragraph 15 as follows:
    “15. The law on the issue can be
    summarised to the effect that where a
    case has been presented in the court
    beyond limitation, the applicant has to
    explain the court as to what was the
    “sufficient cause” which means an
    adequate and enough reason which
    prevented him to approach the court within
    limitation. In case a party is found to be
    negligent, or for want of bona fide on his
    part in the facts and circumstances of the
    case, or found to have not acted diligently
    or remained inactive, there cannot be a
    justified ground to condone the delay. No
    court could be justified in condoning such
    an inordinate delay by imposing any
    condition whatsoever. The application is to
    be decided only within the parameters laid
    down by
    this Court in regard to the
    condonation of delay. In case there was no
    sufficient cause to prevent a litigant to
    approach the court on time condoning the
    delay without any justification, putting any
    condition whatsoever, amounts to passing
    an order in violation of the statutory
    provisions and it tantamounts to showing
    utter disregard to the legislature.”

    14. Therefore, we are of the considered opinion
    that the High Court did not commit any mistake in
    dismissing the delay condonation application of
    the present appellant.”

    Thus, it is crystal clear that the
    discretion to condone the delay has to be
    exercised judiciously based on facts and
    circumstances of each case and that, the
    expression ‘sufficient cause’ cannot be
    6

    liberally interpreted, if negligence, inaction
    or lack of bona fides is attributed to the
    party.

    5.1. In Union of India v. Jahangir Byramji
    Jeejeebhoy (D
    ) through his legal heir, 2024 INSC
    262, wherein, one of us (J.B.Pardiwala, J) was a
    member, after referring to various decisions on
    the issue, it was in unequivocal terms observed
    by this Court that delay should not be excused as
    a matter of generosity and rendering substantial
    justice is not to cause prejudice to the opposite
    party. The relevant passage of the same is
    profitably extracted below:

    “24. In the aforesaid circumstances, we
    made it very clear that we are not going to
    look into the merits of the matter as long as
    we are not convinced that sufficient cause
    has been made out for condonation of such a
    long and inordinate delay.

    25. It hardly matters whether a litigant is a
    private party or a State or Union of India
    when it comes to condoning the gross delay
    of more than 12 years. If the litigant chooses
    to approach the court long after the lapse of
    the time prescribed under the relevant
    provisions of the law, then he cannot turn
    around and say that no prejudice would be
    caused to either side by the delay being
    condoned. This litigation between the parties
    started sometime in 1981. We are in 2024.
    Almost 43 years have elapsed. However, till
    date the respondent has not been able to
    reap the fruits of his decree. It would be a
    mockery of justice if we condone the delay of
    12 years and 158 days and once again ask
    the respondent to undergo the rigmarole of
    the legal proceedings.

    26. The length of the delay is a relevant
    matter which the court must take into
    consideration while considering whether the
    delay should be condoned or not. From the
    tenor of the approach of the appellants, it
    appears that they want to fix their own period
    7

    of limitation for instituting the proceedings for
    which law has prescribed a period of
    limitation. Once it is held that a party has lost
    his right to have the matter considered on
    merits because of his own inaction for a long,
    it cannot be presumed to be non-deliberate
    delay and in such circumstances of the case,
    he cannot be heard to plead that the
    substantial justice deserves to be preferred
    as against the technical considerations.
    While considering the plea for condonation of
    delay, the court must not start with the merits
    of the main matter. The court owes a duty to
    first ascertain the bona fides of the
    explanation offered by the party seeking
    condonation. It is only if the sufficient cause
    assigned by the litigant and the opposition of
    the other side is equally balanced that the
    court may bring into aid the merits of the
    matter for the purpose of condoning the
    delay.

    27. We are of the view that the question of
    limitation is not merely a technical
    consideration. The rules of limitation are
    based on the principles of sound public
    policy and principles of equity. We should not
    keep the ‘Sword of Damocles’ hanging over
    the head of the respondent for indefinite
    period of time to be determined at the whims
    and fancies of the appellants.

    xxx xxx xxx

    34. In view of the aforesaid, we have
    reached to the conclusion that the High Court
    committed no error much less any error of
    law in passing the impugned order. Even
    otherwise, the High Court was exercising its
    supervisory jurisdiction under Article 227 of
    the Constitution of India.

    35. In a plethora of decisions of this Court, it
    has been said that delay should not be
    excused as a matter of generosity. Rendering
    substantial justice is not to cause prejudice to
    the opposite party. The appellants have failed
    8

    to prove that they were reasonably diligent in
    prosecuting the matter and this vital test for
    condoning the delay is not satisfied in this
    case.

    36. For all the foregoing reasons, this appeal
    fails and is hereby dismissed. There shall be
    no order as to costs.”

    Applying the above legal proposition to the
    facts of the present case, we are of the
    opinion that the High Court correctly refused
    to condone the delay and dismissed the
    appeal by observing that such inordinate
    delay was not explained satisfactorily, no
    sufficient cause was shown for the same,
    and no plausible reason was put forth by the
    State. Therefore, we are inclined to reject this
    petition at the threshold.

    6. At the same time, we cannot simply brush aside
    the delay occurred in preferring the second
    appeal, due to callous and lackadaisical attitude
    on the part of the officials functioning in the State
    machinery. Though the Government adopts
    systematic approach in handling the legal issues
    and preferring the petitions/applications/appeals
    well within the time, due to the fault on the part of
    the officials in merely communicating the
    information on time, huge revenue loss will be
    caused to the Government exchequer. The present
    case is one such case, wherein, enormous delay
    of 1788 days occasioned in preferring the second
    appeal due to the lapses on the part of the officials
    functioning under the State, though valuable
    Government lands were involved. Therefore, we
    direct the State to streamline the machinery
    touching the legal issues, offering legal opinion,
    filing of cases before the Tribunal / Courts, etc., fix
    the responsibility on the officer(s) concerned, and
    penalize the officer(s), who is/are responsible for
    delay, deviation, lapses, etc., if any, to the value of
    the loss caused to the Government. Such
    direction will have to be followed by all the States
    scrupulously.

    7. There is one another aspect of the matter which we
    9

    must not ignore or overlook. Over a period of time, we
    have noticed that whenever there is a plea for
    condonation of delay be it at the instance of a private
    litigant or State the delay is sought to be explained
    right from the time, the limitation starts and if there is a
    delay of say 2 years or 3 years or 4 years till the end
    of the same. For example if the period of limitation is
    90 days then the party seeking condonation has to
    explain why it was unable to institute the proceedings
    within that period of limitation. What events occurred
    after the 91st day till the last is of no consequence.
    The court is required to consider what came in the
    way of the party that it was unable to file it between
    the 1st day and the 90th day. It is true that a party is
    entitled to wait until the last day of limitation for filing
    an appeal. But when it allows the limitation to expire
    and pleads sufficient cause for not filing the appeal
    earlier, the sufficient cause must establish that
    because of some event or circumstance arising before
    the limitation expired it was not possible to file the
    appeal within time. No event or circumstance arising
    after the expiry of limitation can constitute such
    sufficient cause. There may be events or
    circumstances subsequent to the expiry of limitation
    which may further delay the filing of the appeal. But
    that the limitation has been allowed to expire without
    the appeal being filed must be traced to a cause
    arising within the period of limitation. (See: Ajit Singh
    Thakur Singh and Another v. State of Gujarat
    , AIR
    1981 SC 733).”

    7. Taking into account the facts and circumstances of the present

    case, in the light of aforementioned judgments of the Hon’ble

    Supreme Court in the matters of Postmaster General (supra) and

    Ramkumar Choudhary (supra), it is evident that Government

    departments are under a special obligation to discharge their

    duties with due diligence and commitment. Condonation of delay

    is an exception, not the rule, and cannot be claimed as a matter of

    right or anticipated privilege by Government entities. The law casts
    10

    its protection equally upon all litigants and cannot be distorted to

    confer undue advantage upon a select few.

    8. Very recently on 12.09.2025, the Supreme Court in the matter of

    Shivamma (dead) by LRS Vs. Karnataka Housing Board &

    Ors., 2025 INSC 1104 categorically held that the High Courts

    ought not give a legitimizing effect to such callous attitude of State

    authorities or its instrumentalities, and should remain extra

    cautious, if the party seeking condonation of delay is a State-

    authority. They should not become surrogates for State laxity and

    lethargy. The constitutional courts ought to be cognizant of the

    apathy and pangs of a private litigant.

    9. Upon considering the matter in its entirety and also applying the

    well settled principles of law to the facts of the present case, we

    find that the State has failed to provide any proper or satisfactory

    explanation for the delay in filing the present appeal. The only

    reason cited is that immediately after passing the order impugned

    dated 28.08.2025 the appellants/State authorities had sought an

    opinion from the Office of the Advocate General in respect to the

    further recourse to be taken by the State Government on

    15.01.2026. Upon which the Office of the Advocate General

    accorded opinion for filing appeal on 03.02.2026 and thereafter

    proposal has been sent to the Law and Legislative Affairs

    Department through the Department of Medical Education for

    sanction on 25.03.2026 and accordingly the sanction for filing

    appeal has been accorded on 28.04.2026 and thereafter OIC is
    11

    appointed vide order dated 04.05.2026 by the concerned

    Department, who had contacted the Office of Advocate General on

    14.05.2026 and thereafter, the present appeal is being drafted and

    filed before this Hon’ble Court, however, some delay was occurred

    due to fulfillment of various departmental formalities and working

    of the Government machinery. Thus, the State has miserably

    failed to demonstrate sufficient cause warranting the condonation

    of an inordinate delay of 217 days.

    10. Consequently, we are not inclined to exercise our discretionary

    power under the law to condone such extraordinary delay. The

    learned counsel for the State has not been able to establish any

    convincing or bona fide reason for the delay. Therefore, there is no

    justification for condoning the delay of 217 days in filing the writ

    appeal.

    11. In view of the above, the instant writ appeal is hereby dismissed

    on the ground of delay and laches.

                              Sd/-                                     Sd/-
                    (Ravindra Kumar Agrawal)                      (Ramesh Sinha)
                            Judge                                   Chief Justice
    
    
    
    
    Chandra
     



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