State Of Odisha vs Sri Anupam Pradhan on 6 July, 2026

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    Orissa High Court

    State Of Odisha vs Sri Anupam Pradhan on 6 July, 2026

                   ORISSA HIGH COURT : CUTTACK
    
                          I.A. No.1168 of 2026
                                    in
                          W.A. No.435 of 2026
    
          In the matter of an Application to condone the delay
                    in filing Appeal under Article 4 of
                   the Odisha High Court Order, 1948
                                 read with
               Clause 10 of the Letters Patent constituting
                  the High Court of Judicature at Patna
                                    and
            Rule 6 of Chapter-III and Rule 2 of Chapter-VIII
             of the Rules of the High Court of Odisha, 1948
    
                                    ***
    

    1. State of Odisha
    Represented through
    Commissioner-cum-Secretary
    School and Mass Education Department
    At: Lok Seva Bhawan, District: Khordha.

    2. Director
    Secondary Education, Odisha
    At: Heads of Department Building
    Bhubaneswar, District: Khordha.

    SPONSORED

    3. District Education Officer, Balasore
    At/PO/District: Balasore. … Appellants
    (Opposite party Nos.1 to 3
    in the Writ Petition).

    -VERSUS-

    Sri Anupam Pradhan
    Aged about 45 years
    Son of R.K. Pradhan
    At: Alada, P.O.: Kharasahapur
    PS: Soro, District: Balasore. … Respondent
    (Petitioner in
    the Writ Petition).

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 1 of 87

    Counsel appeared for the parties:

    For the Appellants : Mr. Debashis Tripathy,
    Additional Government Advocate

    For the Respondent : M/s. Dillip Kumar Mohapatra,
    Balaram Behera,
    Manash Ranjan Nayak, Advocates

    P R E S E N T:

    HONOURABLE CHIEF JUSTICE
    MR. HARISH TANDON

    AND

    HONOURABLE
    MR. JUSTICE MURAHARI SRI RAMAN

    Date of Hearing : 06.07.2026 :: Date of Judgment : 06.07.2026

    J UDGMENT

    THE QUESTION FOR CONSIDERATION IN THE INTERLOCUTORY
    APPLICATION FILED PRAYING THEREIN TO CONDONE THE DELAY IN
    FILING THE INTRA-COURT APPEAL:

    Whether this intra-Court appeal is liable to be
    entertained by condoning the delay of 1237 days
    (excluding the prescribed period of thirty days) in filing
    the writ appeal by the functionaries of the Government
    of Odisha, being aggrieved by Order dated 30th June,
    2022 passed in WPC(OAC) No.3077 of 2015, whereby

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 2 of 87
    and whereunder allowing the writ petition invoking
    provisions of Article 226 of the Constitution of India, a
    learned Single Judge of this Court observed that the
    matter in writ petition is governed by decision of co-
    ordinate Bench in Satyabrata Nayak and Others Vrs.
    State of Odisha and Others, WPC(OAC) No.902 of 2016
    and batch vide Judgment dated 15th September, 20211.

    THE FACTS:

    2. It is unfurled from the papers forming part of the record
    that the respondent, claiming to be Socially and
    Educationally Backward Class category offered his
    candidature for the post of Hindi Teacher (Contractual)
    in Government High School in pursuance of
    Advertisement vide Resolution No.VIII(8)-SME-(X)-

    32/2014– 23404/SME, dated 27th October, 2014
    having qualification with B.A. (Honours in Hindi)2 and

    1 State of Odisha having carried the matter before the Division Bench in W.A.
    No.557 of 2022, the same got dismissed vide Order dated 23.02.2026 along with
    batch of matters being W.A. Nos. 487 of 2024, W.A. No.818 of 2021, WA No.1137
    of 2022, W.A. No.1214 of 2022, W.A. No.1600 of 2022, W.A. No.1674 of 2022,
    W.A. No.89 of 2023, W.A. No.1039 of 2023, W.A. No.1154 of 2023 & W.A. No.488
    of 2024. Division Bench of this Court disposed of other identical matters being
    Biswaranjan Biswal and Others Vrs. State of Odisha and Others, W.A.No.102 of
    2016 disposed of by Order dated 29.11.2022 and State of Odisha Vrs. Nirupama
    Jena, W.A. No. 1306 of 2025, disposed of vide Judgment dated 05.02.2026.
    2 Government of Odisha in School and Mass Education Department vide
    Resolution No. IXSME(p)66/10– 2779, dated 09.02.2011 declared that:

    “*** For all practical purpose, it has been accepted that degree obtained in Hindi
    Shikshan Praveen from Kendriya Hindi Sansthan, Agra is equivalent to Teacher’s
    Training Certificate/Diploma. For the above purpose, in the event the petitioners
    claim such status that such degree obtained by them is equivalent to Teacher’s
    Training Certificate/Diploma, the same should be held to be equivalent and the
    Government should take necessary steps in that regard for declaring the same to
    be equivalent in Teacher’s Training Certificate/Diploma. More so, when a clear
    distinction has been made in the Resolution under Annexure-1 that Hindi
    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 3 of 87
    M.A. in Hindi. The respondent acquired B.Ed. having
    qualified in the Examination held in the year 2013 from
    Indira Gandhi Open University and also passed “Ratna”

    in the examination conducted by the Rashtrabhasha
    Prachar Samiti, Wardha.

    2.1. In a batch of matter being Saroj Kumar Tripathy Vrs.

    State of Odisha, O.A. No.1674(C) of 2015 &c. by Order
    dated 16.05.2017, the learned Odisha Administrative
    Tribunal, Cuttack Bench, Cuttack held that:

    “In view of the above discussion, as Rashtrabhasha
    Ratna from Rashtrabhasha Prachar Samiti, Wardha is
    one of the prescribed qualifications, which according to
    the respondents is an alternative qualification come in the
    second category of preference, the candidature of teh
    applicants possessing the above qualification cannot be
    rejected on that ground. Accordingly, the order of rejection
    of candidature of the applicants who possesses
    Rashtrabhasha Ratna from Rashtrabhasha Prachar
    Samiti, Wardha is not maintainable and are quashed and
    the respondent-Authorities are directed to consider the
    candidature of the applicants for the post of contract
    teacher in Hindi. Further if the applicants are otherwise
    eligible and suitable, consequential action for their
    appointment be taken.”

    2.2. The case of the respondent in the Original Application
    was that having satisfied the eligibility criteria as per
    Clause 3(f) of the Resolution dated 27th October, 2014,

    Shikshan Praveen is equivalent to Teacher’s Training Certificate/Diploma and
    Hindi Shikshan Parangat is equivalent to B.Ed. degree.”

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 4 of 87

    he is eligible to be considered for engagement as Hindi
    Teacher (Contractual). In the common merit list the
    name of the respondent appeared at serial No.556 and
    had his candidature been considered in the second
    category, he should have been appointed as Hindi
    Teacher under untrained category. However, after the
    decision of the Odisha Administrative Tribunal, the
    Government relaxed the upper age limit and accordingly
    Additional Merit List was published on 19.03.2016. It is
    alleged that the candidates though secured less marks
    than the respondent have been given appointed under
    untrained category.

    2.3. Therefore, for issue of direction to the employer to
    consider the marks secured by the respondents as per
    certificates enclosed with the Original Application
    including the qualification acquired during the extended
    period by relaxing age as was held by the learned Odisha
    Administrative Tribunal in the cases of Saroj Kumar
    Tripathy (supra). By way of filing Original Application the
    respondent approached the learned Odisha
    Administrative Tribunal, Cuttack Bench, Cuttack under
    Section 19 of the Administrative Tribunals Act, 1985,
    which was registered as OA No.3077(C) of 2015.

    2.4. During the pendency of the matter, after abolition of the
    Odisha Administrative Tribunal by virtue of Ministry of
    Personnel, Public Grievances and Pensions (Department

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 5 of 87
    of Personnel and Training) Notification F. No. A-
    11014/10/2015-AT [G.S.R.552(E)], dated 2nd August,
    2019), the said case having been transferred to this
    Court, O.A. No.3077 (C) of 2015 has been re-registered
    as WPC (OAC) No.3077 of 2015.

    2.5. Having heard the matter, the learned Single Judge vide
    Order dated 30th June, 2022 allowed the writ petition
    observing thus:

    “6. Considering the submission made by learned
    counsel for the parties, this Court is of the
    considered view that since the order passed by this
    Court in Satyabrata Nayak and Others Vrs. State of
    Odisha has not been assailed, the ratio decided in
    the said case is fully applicable to the present case.

    7. Thus, this writ petition is disposed of in terms of the
    observation/direction given in the case of
    Satyabrata Nayak (supra)3.”

    3 Relevant portion of Judgment dated 15th September, 2021 rendered by Single
    Judge in WPC (OAC) No.902 of 2016 is quoted hereunder:

    “7. Admittedly, Government of Odisha in School and Mass Education
    Department issued a resolution on 27.10.2014 prescribing recruitment
    procedure for teaching staff in Government Secondary Schools, wherein
    clause-3 deals with Educational Qualification. So far as Hindi Teacher is
    concerned, the same has been provided under Clause 3(f) which reads as
    under:

    ‘(f) Hindi Teacher–

    Bachelor’s degree from a recognized University with Hindi
    as one of the elective subject with minimum 50% marks in
    aggregate (45% for SC/ST/PH/OBC/SEBC candidates) or
    with Rastrabhasa Ratna from Rastrabhasa Prachar Samiti,
    Wardha or with Sastri from Orissa Rastrabhasa Parisada,
    Puri or with Snataka (Acquired by June-2005, the date up
    to which the temporary recognition has been granted) from
    Hindi Sikshaya Samiti, Orissa, Cuttack or an equivalent
    degree from a recognized institution with at least 50%
    marks in aggregate (45% for SC/ST/PH/OBC/SEBC
    candidates) and Hindi Sikshyan Parangat from Kendriya
    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 6 of 87
    Hindi Sansthan, Agra/B.H.Ed. (a course prescribed by
    NCTE) from a Institution recognized by NCTE and affiliated
    to recognized university/B.Ed. in Hindi (a course prescribed
    by NCTE) from Dakhin Bharat Hindi Prachar Sabha,
    Madas, a institution recognized by NCTE and affiliated to a
    recognized university.

    OR
    Bachelor’s degree with Hindi as one of the optional/Hons
    subject with minimum 50% of marks in aggregate (45% for
    SC/ST/PH/OBC/SEBC candidates) and M.A. in Hindi with
    minimum 50% marks in aggregate from a recognized
    University.

    (The untrained candidates shall have to undergo required
    training within the timeline as prescribed by Govt.)

    8. On perusal of the qualification prescribed for Hindi Teacher, as mentioned
    above, it appears that only eligible candidates can make application for
    consideration of Contract Teacher (Hindi) pursuant to advertisement
    issued for the year 2014-15. Clause 3(f) of the advertisement which has
    been placed in the bracket makes it clear that the untrained candidates
    shall have to undergo required training within the timeline as prescribed
    by Government. Thereby, necessary implication of incorporating this
    clause clearly indicates that though training qualification has been
    prescribed as eligibility criteria for making an application, the untrained
    candidates can also make an application but they have to undergo
    required training within the timeline as prescribed by the Government. It is
    not in dispute that the petitioners have got requisite qualification for
    appointment as Contract Teacher (Hindi). But only difficulty is that they
    had not acquired the training qualification by the time they submitted the
    application, though they had undergone training and result thereof was
    not published. After submission of applications when result was
    published, before their applications were taken into consideration, even
    though they produced the training qualification certificates, their
    applications were rejected stating that “B.Ed. after 06.04.2015” or
    “certificate produced after 06.04.2015”. The grounds for rejection of their
    applications cannot sustain, in view of the stipulation made in clause-3(f)
    of the resolution dated 27.10.2014. If untrained candidates can have right
    to make application and subsequently they can undergo required training
    within the timeline as prescribed by the Government, submission of their
    applications even as untrained candidates, cannot be said to be faulted
    with. Rather, their applications should have been considered as untrained
    candidates for selection to the post of Contract Teacher (Hindi) and they
    should have been allowed to undergo required training within the timeline
    as prescribed by the Government. As such, the present petitioners stand
    on a better footing in accordance with the stipulation made in clause-3(f) of
    the resolution dated 27.10.2014. Meaning thereby, even though they had
    applied as untrained candidates and undergone training, but result
    thereof was not published by the time they submitted their applications.
    But before consideration of their applications, they had already acquired
    the qualification of training and, thereby, their applications should not and
    could not have been rejected by the authority stating “B.Ed. after
    06.04.2015” or “certificate produced after 06.04.2015” and, as such,
    disqualifying them from participating in the process of selection is
    absolutely non-application of mind by the authority and unwarranted.
    Similar view has already been taken by this Court in Nihar Ranjan
    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 7 of 87
    2.6. Aggrieved thereby, the State of Odisha has approached
    this Court in this writ appeal; but with a delay of 1237
    days (excluding thirty days of normal period allowed to
    file appeal).

    HEARING OF THE INTERLOCUTORY APPLICATION FILED IN THE WRIT
    APPEAL BY THE APPELLANTS FOR CONDONATION OF DELAY:

    Sarangi (supra) [Nihar Ranjan Sarangi Vrs. State of Odisha and others,
    WPC (OAC) No.1976 of 2015 vide order dated 23.07.2021].

    9. In Banarasi Das Vrs. State of U.P., AIR 1956 SC 520, the apex Court held
    that it is open to the appointing authority to lay down requisite
    qualifications for recruitment to Government services.

    10. Although a candidate must fulfil the requisite qualifications for being
    considered for recruitment, difficulties often arise with regard to the
    interpretation of the requisite qualifications. Since the qualifications vary
    from case to case, decisions have turned upon the construction of the
    specific requirements provided by the rules or administrative instructions
    in the particular cases before the courts.

    11. It is also brought to the notice of the Court that untrained persons have
    been given engagement vide order dated 04.04.2016 in respect of
    Mayurbhanj and Bolangir Education District. Thereby, it is contended that
    even though trained qualification of the petitioners had not been taken into
    consideration, but as untrained candidates, their cases should have been
    considered and engagement order should have been issued in their
    favour, as similarly situated persons have already been extended with
    such benefit. As such, the entire action authority is in gross violation of
    Articles 14 and 16 of the Constitution of India.

    12. In view of such position, there is no ambiguity in the qualification
    prescribed under clause 3(f) of the resolution dated 27.10.2014, so far as
    engagement of Contract Teacher (Hindi) is concerned. But by
    misconstruing the provisions contained therein, the applications of the
    petitioners have been rejected on the ground that “B.Ed. after 06.04.2015”

    or “certificate produced after 06.04.2015”, though pursuant to such
    clause-3(f), untrained candidates can also make application and
    thereafter they shall have to undergo required training as per the
    Government norms.

    13. In view of the factual and legal analysis, as discussed above, this Court is
    of the considered view that the draft reject list, so far as present
    petitioners are concerned, cannot sustain in the eye of law and the same
    is liable to be quashed and is hereby quashed. The opposite parties are
    directed to take into consideration the applications filed by the petitioners
    in the above mentioned writ petitions, allow them to participate in the
    process of selection, consider their case for engagement as Contract
    Teacher (Hindi) by re-drawing the select list and extend them all the
    benefits in accordance with law, as expeditiously as possible, preferably
    within a period of three months from the date of communication of this
    judgment.

    14. In the result, the writ petitions are allowed. However, there shall be no
    order as to costs.”

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 8 of 87

    3. This matter was taken up for hearing on 4th May, 2026
    on the point of limitation and this Court issued notice to
    the respondent, pursuant to which the respondent
    having appeared, opposed the petition for condonation of
    delay being I.A. No.1168 of 2026 by filing objection in
    shape of affidavit on 22.06.2026. The matter being listed
    today (6th July, 2026), on the consent of the learned
    counsel for the parties, this matter is taken up for
    hearing.

    4. Heard Sri Debashis Tripathy, learned Additional
    Government Advocate for the Appellants-State and Sri
    Dillip Kumar Mohapatra, learned Advocate for the
    respondent.

    Cause shown by the appellants explaining the delay:

    5. The explanation offered by the State of Odisha for the
    inordinate delay occasioned in filing the writ appeal is
    stated thus:

    “3. That the above said writ petition was disposed of by
    the Hon’ble Single Judge vide order dated
    30.06.2022. After receipt of the above said order
    dated 30.06.2022 necessary consultation were
    made with the Government authorities and
    accordingly the Government in School and Mass
    Education Department has authorized the Director,
    Secondary Education to file writ appeal against the
    order dated 30.06.2022 passed in WPC(OAC)
    No.3077 of 2015. The Deputy Director, Directorate of

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 9 of 87
    Secondary Education authorized the District
    Education Officer, Balasore vide Letter No.26162
    dated 09.10.2025 to file writ appeal in the aforesaid
    case. Accordingly, this deponent moved to the office
    of the Advocate General, Odisha, Cuttack, for
    drafting of memorandum of appeal and after
    necessary discussion the same was prepared and
    filed on (left blank).

    4. That, it is humbly and respectfully submitted that
    the delay caused for filing of intra-court appeal is
    bona fide, unintentional and not willful; on the other
    hand the delay caused for filling of the memo of
    appeal is due to observation of the official formalities
    and due to above mentioned intervening
    circumstances. It is further submitted that it is the
    settled principle of law as decided by the Hon’ble
    Apex Court in the case Sheo Raj Singh (deceased)
    through LRs. & Others Vrs. Union of India & Another
    in Civil Appeal No.5867 of 2015, the Hon’ble Apex
    Court by distinguishing some other judicial
    pronouncement with regard to condonation of delay
    and held since the said issue is the discretion by the
    Hon’ble High Court and the expression of sufficient
    cause is elastic enough for court to do substantial
    justice and when substantial justice and technical
    considerations are pitted against one another, the
    former would prevail. Hence, the delay in filing the
    present appeal may be condoned for the interest of
    justice.”

    Objection of the respondent:

    6. The respondent filed objection against the explanation of
    the appellants showing cause for the inordinate delay

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 10 of 87
    occurred in filing the writ appeal inter alia stating that
    the application for condonation of delay is misconceived,
    untenable and devoid of merit, and the same deserves to
    be dismissed in limine. The appellants have failed to
    disclose any sufficient cause for condonation of delay as
    required under law and the reasons stated in the
    paragraph 3 of Interlocutor Application are vague,
    general and do not justify indulgence to be shown to
    consider the merit of the matter by condoning the
    inordinate delay of 1235 days. Allowing such an
    application would cause serious prejudice to the
    respondent and defeat the purpose of law of limitation.

    CONSIDERATION OF RIVAL CONTENTIONS AND SUBMISSIONS:

    7. Sri Debashis Tripathy, learned Additional Government
    Advocate for the appellants placed the fact leading to
    delay in preferring the appeal by stating that after
    receipt of inputs from concerned authorities/
    Department and upon scrutiny of record and
    examination of legal position, it was decided to approach
    this Court in writ appeal. The claim of the respondent
    was examined at various levels and the file was
    submitted before the learned Advocate General for
    taking steps to file the writ appeal. After thorough
    examination and necessary vetting, the appeal assigned
    with D-WA/0053201/2025 could be filed on 18.12.2025

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 11 of 87
    and after removal of defect the case was registered as
    W.A. No.435 of 2026 on 17.03.2026.

    7.1. Sri Debashis Tripathy, learned Additional Government
    Advocate contended that the writ appeal is required to
    be considered on merits inasmuch as the order of the
    learned Single Judge is vulnerable. He further submitted
    that the case of Sri Satyabrata Nayak (supra) related to
    rejection of their application on the ground that the
    petitioners have acquired qualification after the last date
    of submission as per original advertisement. Said Order
    was challenged before this Court by way of writ appeal
    being W.A. No.557 of 2022. He fairly submitted that the
    said writ appeal got dismissed along with other writ
    appeals on the identical cases.

    7.2. Nonetheless, he submitted that to test the legality of the
    order of the learned Single Judge, the delay of 1237 days
    occasioned due to official process and taking decision to
    file writ appeal can be condoned and He fervently
    requested to admit the writ appeal for hearing on merit.

    8. Sri Dillip Kumar Mohapatra, learned Advocate for the
    respondent vociferously argued that while exercising
    power to condone the delay, the merit of the writ appeal
    cannot be taken into consideration; it is only the merit
    so far as the delay is concerned deserves to be
    considered. The appellants have not provided any

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 12 of 87
    plausible explanation. The State of Odisha in its
    interlocutory application failed to demonstrate
    “sufficient” and “reasonable” cause. In State of Madhya
    Pradesh Vrs. Bherulal, 2020 SCC OnLine SC 849, quoting
    from Chief Post Master General Vrs. Living Media India
    Ltd., (2012) 3 SCC 563 in extenso, it was held that two
    years delay in filing writ petition against Order of the
    learned Odisha Administrative Tribunal is not liable to
    be condoned. On the same analogy, in the present case,
    as neither sufficient nor reasonable cause has been
    shown by the appellants-functionaries of the State of
    Odisha in the petition for condonation of delay, there is
    no scope left than to adhere to what has been directed
    by the learned Single Judge while disposing of the writ
    petition.

    8.1. The practice of belated filing of appeal has been
    deprecated by the Hon’ble Supreme Court of India in the
    case of Israr Ahmad Khan Vrs. Amarnath Prasad, 2026
    SCC OnLine SC 322 with the following observations:

    “Belated/Delayed Appeals to Delay/Defeat
    Implementation:

    27. Delayed filing of appeals should be the exception,
    but in recent times, the exception has practically
    evolved to become the rule. Orders passed by the
    Courts are not complied with for a long time, and
    when Contempt Petitions are filed, belated appeals,
    with tremendous delay, are preferred.

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 13 of 87

    28. The (alleged) continuing contumacious conduct of the
    defaulting party is sought to be justified on the mere
    production of a Diary/Filing/Stamp Reporting
    Number showing that an appeal has been preferred,
    so as to obtain multiple adjournments in contempt
    matters.

    29. We, in no uncertain terms, deprecate these practices.

    It is felt that by such modus operandi, disobedient
    litigants act brazenly which has the further effect of
    bringing down the authority and majesty of the
    Courts and the rule of law, interfering in the
    administration of justice. The same may well, in
    certain situations, border on criminal contempt.

    30. The High Courts should deal with such
    unscrupulous litigants, moreso when they happen to
    be ‘State’, within the meaning of Article 12 of the
    Constitution, or like bodies, with an iron hand.
    Unless the High Courts, so also this Court deal with
    these aspects firmly, we run the clear risk of erosion
    of the unflinching faith that the ordinary litigants of
    this country repose in the Judiciary at all levels. It is
    the solemn duty of all of us manning the Courts
    across the hierarchy to ensure that the public faith
    never wavers.”

    8.2. Sri Dillip Kumar Mohapatra, learned Advocate laying
    emphasis on the fact of inordinate delay, that too
    without any plausible explanation in the interlocutory
    application, submitted that the appellants have not only
    failed to comply with the direction of the learned Single
    Judge in the Order dated 30th June, 2022, but also

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 14 of 87
    overstepped the mandate envisaged under Article 14 of
    the Constitution of India.

    8.3. He, therefore, strenuously argued that the plea of delay
    on account of official process has no foundation as such
    averment made without providing any material
    particulars need not be considered. Such averment
    being bald, terse and unintelligible is liable to be
    discarded at the threshold.

    8.4. The move of the appellants is calculated only to frustrate
    the effect of direction contained in the Order dated 30th
    June, 2022 passed in WPC(OAC) No.3077 of 2015. It is
    apparent from the contents of the writ appeal and the
    averments made in the interlocutory application that the
    appellants have approached this Court for thwart the
    direction of the learned Single Judge.

    8.5. Under such premises, Sri Dillip Kumar Mohapatra,
    learned Advocate for the respondent has prayed to
    dismiss the petition for condonation of delay and
    consequently, urged not to entertain the writ appeal
    being barred by limitation.

    PROVISIONS REGARDING WRIT APPEAL AND THE PROVISIONS FOR
    LIMITATION:

    9. The writ appeal before this Court has been filed invoking
    provisions of Clause 10 of the Letters Patent

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 15 of 87
    Constituting the High Court of Judicature at Patna,
    which stands thus:

    “Civil Jurisdiction of the High Court

    9. And We do further ordain that the High Court of
    Judicature at Patna shall have power to remove and
    to try and determine, as a Court of extraordinary
    original Jurisdiction, any suit being or falling within
    the jurisdiction of any Court subject to its
    superintendence, when the said High Court may
    think proper to do so, either on the agreement of the
    parties to that effect, or for purposes of justice, the
    reasons for so doing being recorded on the
    proceedings of the said High Court.

    10. And We do further ordain that an appeal shall lie to
    the said High Court of Judicature at Patna from the
    judgment (not being a judgment passed in the
    exercise of appellate jurisdiction in respect of a
    decree or order made in the exercise of appellate
    jurisdiction by a Court subject to the
    superintendence of the said High Court, and not
    being an order made in the exercise of revisional
    jurisdiction and not being a sentence or order
    passed or made in the exercise of the power of
    superintendence under the provisions of Section 107
    of the Government of India Act, or in the exercise of
    criminal jurisdiction) of one Judge of the said High
    Court or one Judge of any Division Court, pursuant
    to Section 108 of Government of India Act and that
    notwithstanding anything hereinbefore provided an
    appeal shall lie to the said High Court from a
    judgment of one Judge of said High Court or one
    Judge of any Division Court, pursuant to Section 108

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 16 of 87
    of the Government of India Act, made (on or after the
    first day of February one thousand nine hundred
    and twenty nine) in the exercise of appellate
    jurisdiction in respect of a decree or order made in
    the exercise of appellate jurisdiction by a Court
    subject to the superintendence of the said High
    Court where the Judge who passed the judgment
    declares that the case is a fit one for appeal; but that
    the right of appeal from other judgments of Judges of
    the said High Court or of such Division Court shall
    be to us, Our Heirs or Successors in Our or Their
    Privy Council, as hereinafter provided.”

    9.1. Article 4 of the Orissa High Court Order, 1948 stands as
    follows:

    “The High Court of Orissa shall have, in respect of the
    territories for the time being included in the Province of
    Orissa, all such original, appellate and other jurisdiction
    as under the law in force immediately before the
    prescribed day is exercisable in respect of the said
    territories or any part thereof by the High Court in Patna.”

    9.2. Rule 6 of Chapter-III and Rule 2 of Chapter-VIII of the
    Rules of the High Court of Orissa, 1948, are given
    hereunder:

    “Chapter-III

    6. Appeals to the High Court under Article 4 of the
    Orissa High Court Order, 1948 read with Clause 10
    of the Letters Patent Constituting the High Court of
    Judicature at Patna from the Judgment of a Bench
    confirming the judgment of a lower Court under
    Section 98 of the Code of Civil Procedure shall be

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 17 of 87
    heard by a Bench consisting of at least three Judges
    including both or either of the Judges of the Bench
    from whose Judgment the appeal is preferred and, if
    from the judgment of one Judge or a Bench of two
    Judges, it shall be heard by a Bench consisting of at
    least two Judges other than the Judge from whose
    judgment the appeal is preferred.

    Chapter-VIII

    2. (1) Subject to Article 12 of the Orissa High Court
    Order, 1948 every appeal to the High Court
    under Article 4 thereof read with Clause 10 of
    the Letters Patent Constituting the High Court
    of Judicature at Patna from the judgment (not
    being a judgment passed in the exercise of
    appellate jurisdiction in respect of a decree or
    order made in the exercise of appellate
    jurisdiction by a Court subject to the
    Superintendence of the High Court and not
    being an order made in the exercise of
    revisional jurisdiction, and not being a
    sentence or order passed or made in the
    exercise of criminal jurisdiction) of one Judge of
    the High Court or one Judge of any Division
    Court pursuant to Article 225 of the
    Constitution, shall be presented to the
    Registrar within thirty days from the date
    of the judgment appealed from unless a
    Bench in its discretion, on good cause
    shown, shall grant further time. The
    Registrar shall endorse on the memorandum
    the date of presentation and after satisfying
    himself that the appeal is in order and is within
    time shall cause it to be laid before a Bench for
    orders at an early date. It shall be
    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 18 of 87
    accompanied by a certified copy of the
    judgment appealed from together with a neatly
    typed second copy thereof.

    (2) Subject to Article 12 of the Orissa High Court
    Order, 1948 every application for a Certificate
    under Article 4 thereof read with Clause 10 of
    the Letters Patent Constituting the High Court
    of Judicature at Patna in the case of a
    judgment of a Single Judge of the Court
    deciding a second appeal shall be made orally
    to the Judge in question immediately after the
    judgment is delivered. No subsequent
    application will be entertained unless upon a
    duly stamped special application supported by
    affidavit filed within thirty days and not more
    from the date of the judgment the Judge is
    satisfied that circumstances existed rendering
    an immediate application impossible.

    (3) If the Judge certifies that the case is a fit one
    for appeal a duly stamped memorandum of
    appeal may be presented to the Registrar
    within a period not exceeding sixty days from
    the date of the judgment unless the Judge in
    his discretion on good cause shown shall grant
    further time for its presentation.

    (4) The memorandum of appeal need not be
    accompanied by a copy of the judgment of
    decree appealed from.”

    10. On conjoint reading of above provisions it is manifest
    that notwithstanding unambiguous specific provisions
    envisaging extension of time being postulated, the
    appellants-functionaries of the State of Odisha ignored
    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 19 of 87
    to adhere to the recourse available therein showing
    “good cause” with respect to delay caused in filing the
    writ appeal.

    10.1. Bearing in mind oft-quoted dicta that “a statute cannot
    be used for a purpose alien to which it has been made,
    and where a power is given to do a certain thing in a
    certain way, the thing must be done in that way or not at
    all and that other methods of performance are necessarily
    forbidden” [vide Taylor Vrs. Taylor, [L.R.] 1 Ch. 426, as
    referred to in Sarda Mines Private Limited Vrs. State of
    Odisha, 2026 SCC OnLine Ori 2303] scrutiny of I.A.
    No.160 of 2026 reveals that the interlocutory application
    for condonation of delay in filing writ appeal has been
    filed with title “An Application under Section 5 of the
    Limitation Act”. The nomenclature of cause title of said
    petition strictly speaking is defective and as such the
    petition is not maintainable for the reason that special
    provision is available under the Rules of the High Court
    of Orissa, 1948.

    10.2. Be that as it may, without going into the technicalities,
    this Court proceeds to consider the said interlocutory
    application for condonation of delay taking into account
    the reason ascribed therein for ascertaining whether the
    appellants have shown “good cause”/”sufficient cause”

    for filing the writ appeal with an inordinate delay of 1237

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 20 of 87
    days (excluding 30 days specified period for filing the
    appeal) and on the basis of material available on record.

    ANALYSIS:

    11. Above provisions would go to indicate that the writ
    appeal under Article 4 of the Odisha High Court Order,
    1948 read with Clause 10 of the Letters Patent
    constituting the High Court of Judicature at Patna is
    required to be presented before this Court within thirty
    days from the date of the judgment appealed from as
    provided for in Rule 2 of Chapter-VIII of the Rules of the
    High Court of Orissa, 1948. In the event the appeal is
    not preferred within the said stipulated period, it is the
    Bench which is empowered to use its discretion to “grant
    further time”, subject to, of course, appreciation of “good
    cause”.

    12. Nevertheless, with the contents contained in the petition,
    bearing I.A. No.1168 of 2026, praying therein to condone
    “the delay of 1237 days in filing of the writ appeal”, this
    Court now examines whether with the available material
    on record as provided by the State of Odisha in said
    petition “discretion” can be exercised to condone the
    delay in preferring intra-Court appeal for “good cause”

    shown by the appellants. Finding good cause shown,
    this Court by exercising discretion may condone the
    delay in filing the writ appeal by granting “further time”.

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 21 of 87

    12.1. On a conspectus catena of decisions rendered by
    different Courts it emerges that “discretion” means use
    of private and independent thought. When anything is
    left to be done according to one’s discretion the law
    intends it to be done with sound discretion and
    according to law. Discretion is discerning between right
    and wrong and one who has power to act at discretion is
    bound by rule of reason. Discretion must not be
    arbitrary. The very term itself stands unsupported by
    circumstances imports the exercise of judgment, wisdom
    and skill as contra-distinguished from unthinking folly,
    heady violence or rash injustice. When applied to a
    Court of Justice or Tribunal or quasi judicial body, it
    means sound discretion guided by law. It must be
    governed by rule, not by humour; it must not be
    arbitrary, vague and fanciful but legal and regular.
    Discretion must be exercised honestly and in the spirit
    of the statute. It is the power given by a statute to make
    choice among competing considerations. It implies power
    to choose between alternative courses of action. It is not
    unconfined and vagrant. It is canalized within banks
    that keep it from overflowing.

    12.2. In S.P. Road Link Vrs. State of Tripura, (2006) 144 STC
    380 (Gau) reference has been made to Kumaon Mandal
    Vikas Nigam Ltd. Vrs. Girja Shankar Pant, (2001) 1 SCC
    182 to observe that “discretion” means when it is said

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 22 of 87
    that something is to be done within the discretion of the
    authorities, that something is to be done according to
    the rules of reason and justice, not according to private
    opinion, according to law, and not humour. It is to be,
    not arbitrary, vague, and fanciful, but legal and regular.
    And it must be exercised within the limit, to which an
    honest man competent to the discharge of his office
    ought to confine himself.

    12.3. The following observations made in Lanka
    Venkateswarlu Vrs. State of Andhra Pradesh, (2011) 3
    SCR 217 are pertinent to be referred to:

    “21. In the case of Sardar Amarjit Singh Katra (dead) by
    LRs Vrs. Pramod Gupta (dead) by LRs., (2002)
    Suppl.5 SCR 350 = (2003) 3 SCC 272, this Court
    again emphasized that provisions contained in the
    Order 22 CPC were devised to ensure continuation
    and culmination in an effective adjudication and not
    to retard further progress of the proceedings. The
    provisions contained in the Order 22 are not to be
    construed as a rigid matter of principle, but must
    ever be viewed as a flexible tool of convenience in
    the administration of justice. It was further observed
    that laws of procedure are meant to regulate
    effectively, assist and aid the object of doing a
    substantial and real justice and not to foreclose even
    adjudication on merits of substantial rights of citizen
    under personal, property and other laws. In the case
    of Mithailal Dalsangar Singh Vrs. Annabai Devram
    Kini, (2003) 10 SCC 691, this Court again reiterated
    that inasmuch as abatement results in denial of

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 23 of 87
    hearing on the merits of the case, the provision of an
    abatement has to be construed strictly. On the other
    hand, the prayer of setting aside abatement and the
    dismissal consequent upon abatement had to be
    considered liberally. It was further observed as
    follows:

    ‘The Courts have to adopt a justice oriented
    approach dictated by the uppermost consideration
    that ordinarily a litigant ought not to be denied an
    opportunity of having a lis determined on merits
    unless he has, by gross negligence, deliberate
    inaction or something akin to misconduct, disentitled
    himself from seeking the·indulgence of the court.’

    22. The concepts of liberal approach and
    reasonableness in exercise of the discretion by the
    Courts in condoning delay, have been again stated
    by this Court in the case of Balwant Singh (dead)
    Vrs. Jagdish Singh, (2010) 8 SCR 597 = (2010) 8
    SCC 685 as follows:

    ’25. We may state that even if the term ‘sufficient
    cause’ has to receive liberal construction, it
    must squarely fall within the concept of
    reasonable time and proper conduct of the
    party concerned. The purpose of introducing
    liberal construction normally is to introduce the
    concept of ‘reasonableness’ as it is understood
    in its general connotation.

    26. The law of limitation is a substantive law and
    has definite consequences on the right and
    obligation of party to arise. These principles
    should be adhered to and applied
    appropriately depending on the facts and

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 24 of 87
    circumstances of a given case. Once a valuable
    right has accrued in favour of one party as a
    result of the failure of the other party to explain
    the delay by showing sufficient cause and its
    own conduct, it will be unreasonable to take
    away that right on the mere asking of the
    applicant, particularly when the delay is
    directly a result of negligence, default or
    inaction of that party. Justice must be done to
    both parties equally. Then alone the ends of
    justice can be achieved. If a party has been
    thoroughly negligent in implementing its rights
    and remedies, it will be equally unfair to
    deprive the other party of a valuable right that
    has accrued to it in law as a result of his acting
    vigilantly.’

    ***

    24. Having recorded the aforesaid conclusions, the High
    Court proceeded to condone the delay. In our
    opinion, such a course was not open to the High
    Court, given the pathetic explanation offered by the
    respondents in the application seeking condonation
    of delay.

    25. This is especially so in view of the remarks made by
    the High Court about the delay being caused by the
    inefficiency and ineptitude of the Government
    pleaders. The displeasure of the Court is patently
    apparent from the impugned order ·itself. In the
    opening paragraph of the impugned order the High
    Court has, rather sarcastically, dubbed the
    Government pleaders as without merit and ability.

    Such an insinuation is clearly discernable from the
    observation that ‘This is a classic case, how the

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 25 of 87
    learned Government pleaders appointed on the basis
    of merit and ability are discharging their function
    protecting the interest of their clients.’ Having said
    so, the High Court, graphically narrated the clear
    dereliction of duty by the concerned Government
    pleaders in not pursuing the appeal before the High
    Court diligently. The High Court has set out the
    different stages at which the Government pleaders
    had exhibited almost culpable negligence in
    performance of their duties. The High Court found
    the justification given by the Government pleaders to
    be unacceptable. Twice in the impugned order, it
    was recorded that in the normal course, the
    applications would have been thrown out without
    having a second thought in the matter. Having
    recorded such conclusions, inexplicably, the
    High Court proceeds to condone the
    unconscionable delay.

    26. We are at a loss to fathom any logic or
    rationale, which could have impelled the High
    Court to condone the delay after holding the
    same to be unjustifiable. The concepts such as
    ‘liberal approach’, ‘justice oriented approach’,
    ‘substantial justice’ cannot be employed to
    jettison the substantial law of limitation.
    Especially, in cases where the Court concludes that
    there is no justification for the delay. In our opinion,
    the approach adopted by the High Court tends to
    show the absence of judicial balance and restraint,
    which a Judge is required to maintain whilst
    adjudicating any lis between the parties. We are
    rather pained to notice that in this case, not being
    satisfied with the use of mere intemperate language,
    the High Court resorted to blatant sarcasms. The use

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 26 of 87
    of unduly strong intemperate or extravagant
    language in a judgment has been repeatedly
    disapproved by this Court in a number of cases.

    Whilst considering applications for
    condonation of delay under Section 5 of the
    Limitation Act, the Courts do not enjoy
    unlimited and unbridled discretionary powers.
    All discretionary powers, especially judicial
    powers, have to be exercised within reasonable
    bounds, known to the law. The discretion has to
    be exercised in a systematic manner informed by
    reason. Whims or fancies; prejudices or predilections
    cannot and should not form the basis of exercising
    discretionary powers.”

    12.4. The discretionary exercise of power amounts to
    something that is not compulsory, but it is left to the
    discretion of the person or authority involved, such as a
    discretionary grant. It is opposite to “mandatory”.
    Therefore, “discretionary” is a term which involves an
    alternative power, i.e., a power to do or refrain from
    doing a certain thing. In other words, it would be power
    of free decision or choice within certain legal bounds.

    13. In this regard, therefore, the interpretation of the
    expression “sufficient cause” as found in the provisions
    of Section 5 of the Limitation Act, 1963 has bearing on
    the question that is involved in the instant case.

    13.1. The expression “satisfies the Court” employed in Section
    5
    of the Limitation Act has significance. “Satisfaction”
    before completion of the proceedings under the Act is a
    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 27 of 87
    condition precedent for the exercise of jurisdiction. It is
    the satisfaction of the Court in the course of the
    proceedings regarding the delay in approaching the
    Court with sufficient reason, which constitutes the basis
    and foundation of the proceedings for consideration of
    condonation of delay. There must be something which
    shows from the record itself that in the course of the
    proceedings the Court was satisfied that there was
    sufficiency of reason for not approaching the Court
    within stipulated period and, therefore, it is a case in
    which the appeal deserves to be admitted for hearing on
    merit. To be satisfied with a state of things means to be
    honestly satisfied in one’s own mind. Satisfaction is
    essentially a condition of the mind. It means that there
    is a substantial ground for the conclusion on the
    material available the phrase ‘satisfied’ means, makes
    up its mind; actual persuasion; a mind not troubled by
    doubt or a mind which has reached a clear conclusion.

    13.2. In Ramlal, Motilal and Chhotelal Vrs. Rewa Coalfields
    Ltd., (1962) 2 SCR 762 it has been succinctly stated:

    Section 5 of the Limitation Act provides for extension of
    period in certain cases. It lays down, inter alia, that any
    appeal may be admitted after the period of limitation
    prescribed therefor when the appellant satisfies the Court
    that he had sufficient cause for not preferring the appeal
    within such period. This section raises two questions for
    consideration. First is, what is sufficient cause; and

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 28 of 87
    the second, what is the meaning of the clause
    ‘within such period’?”

    ***

    In construing Section 5·it is relevant to bear in mind two
    important considerations. The first consideration is that
    the expiration of the period of limitation prescribed for
    making an appeal gives rise to a right in favour of the
    decree-holder to treat the decree as binding between the
    parties. In other words, when the period of limitation
    prescribed has expired the decree-holder has obtained a
    benefit under the law of limitation to treat the decree as
    beyond challenge, and this legal right which has accrued
    to the decree-holder by lapse of time should not be light,
    heartedly disturbed. The other consideration which
    cannot be-ignored is that if sufficient cause for excusing
    delay is shown discretion is given to the Court to condone
    delay and admit the appeal. This discretion has been
    deliberately conferred on the Court in order that judicial
    power and discretion in that behalf should be exercised to
    advance substantial justice. As has been observed by the
    Madras High Court in Krishna Vrs. Chattappan, 1890 ILR
    13 Mad 269:

    Section 5 gives the Court a discretion which in respect of
    jurisdiction is to be exercised in the way in which judicial
    power and discretion ought to be exercised upon
    principles which are well understood; the words
    ‘sufficient cause’ receiving a liberal construction so as to
    advance substantial justice when no negligence nor
    inaction nor want of bona fide is imputable to the
    appellant.’

    Now, what do the words ‘within such period’ denote? It is
    possible that the expression ‘within such period’ may

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 29 of 87
    sometimes mean during such period. But the question is:

    Does the context in. which the expression occurs in
    Section 5 justify the said interpretation? If the Limitation
    Act
    or any other appropriate statute prescribes different
    periods of limitation either for appeals or applications to
    which Section 5 applies that normally means that liberty
    is given to the party intending to make the appeal or to file
    an application to act within the period prescribed in that
    behalf. It would not be reasonable to require a party to
    take the necessary action on the very first day after the
    cause of action accrues. In view of the period of limitation
    prescribed the party would be entitled to take its time and
    to file the appeal on any day during the said period and
    so prima facie it appears unreasonable that when the
    delay has been made by the party in filing the appeal it
    should be called upon to explain its conduct during the
    whole of the period of limitation prescribed. In our opinion,
    it would be immaterial and even irrelevant to invoke
    general considerations of diligence of parties in construing
    the words of Section 5. The context seems to suggest that
    ‘within such period’ means within the period which ends
    with the last day of limitation prescribed. In other words,
    in all cases falling under Section 5 what the party has to
    show is why he did not file an appeal on the last day of
    limitation prescribed. That may inevitably mean that the
    party will have to show sufficient cause not only for not
    filing the appeal on the last day but to explain the delay
    made thereafter day by day. In other words, in showing
    sufficient cause for condoning the delay the party may be
    called upon to explain for the whole of the delay covered
    by the period between the last day prescribed for filing
    the appeal and the day on which the appeal is filed. To
    hold that the expression ‘within such period’ means
    during such period would, in our opinion, be repugnant in
    the context. We would accordingly hold that the learned

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 30 of 87
    Judicial Commissioner was in error taking the view that
    the failure of the appellant to account for its non-diligence
    during the whole of the period of limitation prescribed for
    the appeal necessarily disqualified it from praying for the
    condonation of delay, even though the delay in question
    was only for one day; and that too was caused by the
    party’s illness.

    ***

    It is, however, necessary to emphasise that even after
    sufficient cause has been shown a party is not entitled to
    the condonation of delay in question as a matter of right.
    The proof of a sufficient cause is a condition precedent for
    the exercise of the discretionary jurisdiction vested in the
    court by Section 5. If sufficient cause is not proved
    nothing further has to be done; the application for
    condoning delay has to be dismissed on that ground
    alone. If sufficient cause is shown then the court
    has to enquire whether in its discretion it should
    condone the delay. This aspect of the matter naturally
    introduces the consideration of all relevant facts and it is
    at this stage that diligence of the party or its bona fides
    may fall for consideration; but the scope of the enquiry
    while exercising the discretionary power after sufficient
    cause is shown would naturally be limited only to such
    facts as the court may regard as relevant. It cannot justify
    an enquiry as to why the party was sitting idle during all
    the time available to it. In this connection we may point
    out that considerations of bona fides or due diligence are
    always material and relevant when the court is dealing
    with applications made under Section 14 of the Limitation
    Act. In dealing with such applications the Court is called
    upon to consider the effect of the combined provisions of
    Sections 5 and 14. Therefore, in our opinion,
    considerations which have been expressly made material
    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 31 of 87
    and relevant by the provisions of Section 14 cannot to the
    same extent and in the same manner be invoked in
    dealing with applications which fall to be decided only
    under Section 5 without reference to Section 14. ***”

    13.3. It needs to be discussed the connotation of “good cause”

    vis-à-vis “sufficient cause”. In Arjun Singh Vrs. Mohindra
    Kumar, (1964) 5 SCR 946, these two terms have been
    considered as follows:

    “Before proceeding to deal with the arguments addressed
    to us by Mr. Setalvad– learned counsel for the appellant,
    it would be convenient to mention a point, not seriously
    pressed before us, but which at earlier stages was
    thought to have considerable significance for the decision
    of this question viz., the difference between the words
    ‘good cause’ for non-appearance in Order IX, Rule 7 and
    ‘sufficient cause’ for the same purpose in Order IX, Rule
    13 as pointing to different criteria of ‘goodness’ or
    ‘sufficiency’ for succeeding in the two proceedings, and as
    therefore furnishing a ground for the inapplicability of the
    rule of res judicata. As this ground was not seriously
    mentioned before us, we need not examine it in any
    detail, but we might observe that we do not see any
    material difference between the facts to be
    established for satisfying the two tests of ‘good
    cause’ and ‘sufficient cause’. We are unable to
    conceive of a ‘good cause’ which is not ‘sufficient’
    as affording an explanation for non-appearance,
    nor conversely of a ‘sufficient cause’ which is not a
    good one and we would add that either of these is
    not different from ‘good and sufficient cause’ which
    is used in this context in other statutes. If, on the
    other hand, there is any difference between the two it can

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 32 of 87
    only be that the requirement of a ‘good cause’ is complied
    with on a lesser degree of proof than that of ‘sufficient
    cause’ and if so, this cannot help the appellant, since
    assuming the applicability of the principle of res judicata
    to the decisions in the two proceedings, if the court finds
    in the first proceeding, the lighter burden not discharged,
    it must a fortiori bar the consideration of the same matter
    in the later, where the standard of proof of that matter is,
    if anything, higher.”

    13.4. The meaning of ‘sufficient’ is ‘adequate’ or ‘enough’,
    inasmuch as may be necessary to answer the purpose
    intended. Therefore, word ‘sufficient’ embraces no more
    than that which provides a platitude which when the act
    done suffices to accomplish the purpose intended in the
    facts and circumstances existing in a case and duly
    examined from the view point of a reasonable standard
    of a cautious man. ‘Sufficient cause’ means that the
    party had not acted in a negligent manner or there was a
    want of bona fide on its part in view of the facts and
    circumstances of a case or the party cannot be alleged to
    have been ‘not acting diligently’ or ‘remaining inactive’.
    However, the facts and circumstances of each case must
    afford sufficient ground to enable the Court concerned to
    exercise discretion for the reason that whenever the
    Court exercises discretion, it has to be exercised
    judiciously. While deciding whether there is sufficient
    cause or not, the Court must bear in mind the object of
    doing substantial justice to all the parties concerned and
    that the technicalities of the law should not prevent the
    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 33 of 87
    Court from doing substantial justice and doing away the
    illegality perpetuated on the basis of the judgment
    impugned before it. “Sufficient cause” is thus the cause
    for which the defendant could not be blamed for his
    absence. Therefore, the applicant must approach the
    Court with a reasonable defence. Sufficient cause is a
    question of fact and the Court has to exercise its
    discretion in the varied and special circumstances in
    the case at hand. There cannot be a straitjacket
    formula of universal application. [Ref.: Ramlal, Motilal
    and Chhotelal Vrs. Rewa Coalfields Ltd., AIR 1962 SC
    361 = (1962) 2 SCR 762; Lonard Grampanchayat Vrs.
    Ramgiri Gosavi, AIR 1968 SC 222; Surinder Singh Sibia
    Vrs. Vijay Kumar Sood, (1992) 1 SCC 70; Orinental Aroma
    Chemical Industries Ltd. Vrs. Gujarat Industrial
    Development Corporation, (2010) 5 SCC 459; Parimal Vrs.
    Veena, (2011) 3 SCC 545; Sudarshan Sareen Vrs.
    National Small Industries Corporation Ltd., 2013 SCC
    OnLine Del 4412; State of Bihar Vrs. Kameshwar Prasad
    Singh, (2000) 9 SCC 94; Madanlal Vrs. Shyamlal, (2002) 1
    SCC 535; Davinder Pal Sehgal Vrs. Partap Steel Rolling
    Mills (P) Ltd., (2002) 3 SCC 156; Ram Nath Sao Vrs.
    Gobardhan Sao, (2002) 3 SCC 195, Kaushalya Devi Vrs.
    Prem Chand, (2005) 10 SCC 127, Srei International
    Finance Ltd. Vrs. Fairgrowth Financial Services Ltd.,
    (2005) 13 SCC 95; Reena Sadh Vrs. Aniana Enterprises,
    (2008) 12 SCC 589].

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 34 of 87

    13.5. “Sufficient cause” has to be construed as an elastic
    expression for which no hard-and-fast guidelines can
    be prescribed. The Courts have a wide discretion in
    deciding the sufficient cause keeping in view the
    peculiar facts and circumstances of each case. The
    “sufficient cause” for non-appearance refers to the date
    on which the absence was made a ground for proceeding
    ex parte and cannot be stretched to rely upon other
    circumstances anterior in time. If “sufficient cause” is
    made out for non-appearance of the defendant on the
    date fixed for hearing when ex parte proceedings were
    initiated against him, he cannot be penalised for his
    previous negligence which had been overlooked and
    thereby condoned earlier. In a case where the defendant
    approaches the Court immediately and within the
    statutory time specified, the discretion is normally
    exercised in his favour, provided the absence was not
    mala fide or intentional. For the absence of a party in
    the case the other side can be compensated by adequate
    costs and the lis decided on merits. [Ref.: G.P. Srivastava
    Vrs. R.K. Raizada, (2000) 3 SCC 54; A. Murugesan Vrs.
    Jamuna Rani, (2019) 20 SCC 803]. The Court, in its
    discretion, has to consider the ‘sufficient cause’ in the
    facts and circumstances of every individual case.
    Although in interpreting the words ‘sufficient cause’, the
    Court has wide discretion but the same has to be
    exercised in the particular facts of the case. See, Hira

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 35 of 87
    Sweets & Confectionary Pvt. Ltd. Vrs. Hira Confectioners,
    2021 SCC OnLine Del 1823.

    13.6. In Balwant Singh Vrs. Jagdish Singh, (2010) 8 SCR 597
    the ingredients of “sufficient cause” for the purpose of
    condonation of delay has been discussed as follows:

    “7. *** However, in terms of Section 5, the discretion is
    vested in the Court to admit an appeal or an
    application, after the expiry of the prescribed period
    of limitation, if the appellant shows ‘sufficient cause’
    for not preferring the application within the
    prescribed time. The expression ‘sufficient cause’
    commonly appears in the provisions of Order 22
    Rule 9(2), CPC and Section 5 of the Limitation Act,
    thus categorically demonstrating that they are to be
    decided on similar grounds. The decision of such an
    application has to be guided by similar precepts.

    ***

    8. In the case of P.K. Ramachandran Vrs. State of
    Kerala, (1997) 7 SCC 556 where there was delay of
    565 days in filing the first appeal by the State, and
    the High Court had observed, ‘taking into
    consideration the averments contained in the
    affidavit filed in support of the petition to condone
    the delay, we are inclined to allow the petition”.

    While setting aside this order, this Court found that
    the explanation rendered for condonation of delay
    was neither reasonable nor satisfactory and held as
    under:

    ‘3. It would be noticed from a perusal of the
    impugned order that the court has not recorded

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 36 of 87
    any satisfaction that the explanation for delay
    was either reasonable or satisfactory, which is
    an essential prerequisite to condonation of
    delay.

    4. That apart, we find that in the application filed
    by the respondent seeking condonation of
    delay, the thrust in explaining the delay after
    12.05.1995 is:

    ‘*** at that time the Advocate General’s office
    was fed up with so many arbitration matters
    (sic) equally important to this case were
    pending for consideration as per the directions
    of the Advocate General on 02.09.1995.’

    5. This can hardly be said to be a reasonable,
    satisfactory or even a proper explanation for
    seeking condonation of delay. In the reply filed
    to the application seeking condonation of delay
    by the appellant in the High Court, it is
    asserted that after the judgment and decree
    was pronounced by the learned Sub-Judge,
    Kollam on 30.10.1993, the scope for filing of
    the appeal was examined by the District
    Government Pleader, Special Law Officer, Law
    Secretary and the Advocate General and in
    accordance with their opinion, it was decided
    that there was no scope for filing the appeal
    but later on, despite the opinion referred to
    above, the appeal was filed as late as on
    18.1.1996 without disclosing why it was being
    filed. The High Court does not appear to have
    examined the reply filed by the appellant as
    reference to the same is conspicuous by its
    absence from the order. We are not satisfied

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 37 of 87
    that in the facts and circumstances of this
    case, any explanation, much less a reasonable
    or satisfactory one had been offered by the
    respondent-State for condonation of the
    inordinate delay of 565 days.

    6. Law of limitation may harshly affect a
    particular party but it has to be applied
    with all its rigour when the statute so
    prescribed and the courts have no power
    to extend the period of limitation on
    equitable grounds. The discretion exercised
    by the High Court was, thus, neither proper nor
    judicious. The order condoning the delay
    cannot be sustained. This appeal, therefore,
    succeeds and the impugned order is set aside.
    Consequently, the application for condonation
    of delay filed in the High Court would stand
    rejected and the miscellaneous first appeal
    shall stand dismissed as barred by time. No
    costs.’

    ***

    10. Another Bench of this Court in a recent judgment of
    Katari Suryanarayana Vrs. Koppisetti Subba Rao,
    AIR 2009 SC 2907 again had an occasion to
    construe the ambit, scope and application of the
    expression ‘sufficient cause’. The application for
    setting aside the abatement and bringing the legal
    heirs of the deceased on record was filed in that
    case after a considerable delay. The explanation
    rendered regarding the delay of 2381 days in filing
    the application for condonation of delay and 2601
    days in bringing the legal representatives on record
    was not found to be satisfactory. Declining the

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 38 of 87
    application for condonation of delay, the Court, while
    discussing the case of Perumon Bhagvathy
    Devaswom Vrs. Bhargavi Amma, (2008) 8 SCC 321
    in its para 9 held as under:

    ’11. The words ‘sufficient cause for not making the
    application within the period of limitation’
    should be understood and applied in a
    reasonable, pragmatic, practical and liberal
    manner, depending upon the facts and
    circumstances of the case, and the type of
    case. The words ‘sufficient cause’ in Section 5
    of Limitation Act should receive a liberal
    construction so as to advance substantial
    justice, when the delay is not on account of any
    dilatory tactics, want of bona fides, deliberate
    inaction or negligence on the part of the
    appellant.’

    ***

    15. We feel that it would be useful to make a reference
    to the judgment of this Court in Perumon Bhagvathy
    Devaswom Vrs. Bhargavi Amma, (2008) 8 SCC 321.

    In this case, the Court, after discussing a number of
    judgments of this Court as well as that of the High
    Courts, enunciated the principles which need to be
    kept in mind while dealing with applications filed
    under the provisions of Order 22, CPC along with an
    application under Section 5, Limitation Act for
    condonation of delay in filing the application for
    bringing the legal representatives on record. In
    paragraph 13 of the judgment, the Court held as
    under:

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 39 of 87

    ‘(i) The words ‘sufficient cause for not making the
    application within the period of limitation’
    should be understood and applied in a
    reasonable, pragmatic, practical and liberal
    manner, depending upon the facts and
    circumstances of the case, and the type of
    case. The words ‘sufficient cause’ in Section 5
    of the Limitation Act should receive a liberal
    construction so as to advance substantial
    justice, when the delay is not on account of any
    dilatory tactics, want of bona tides, deliberate
    inaction or negligence on the part of the
    appellant.

    (ii) In considering the reasons for condonation of
    delay, the courts are more liberal with
    reference to applications for setting aside
    abatement, than other cases. While the court
    will have to keep in view that a valuable right
    accrues to the legal representatives of the
    deceased respondent when the appeal abates,
    it will not punish an appellant with foreclosure
    of the appeal, for unintended lapses. The
    courts tend to set aside abatement and decided
    the matter on merits. The courts tend to set
    aside abatement and decide the matter on
    merits, rather than terminate the appeal on the
    ground of abatement.

    (iii) The decisive factor in condonation of delay, is
    not the length of delay, but sufficiency of a
    satisfactory explanation.

    (iv) The extent or degree of leniency to be shown by
    a court depends on the nature of application
    and facts and circumstances of the case. For

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 40 of 87
    example, courts view delays in making
    applications in a pending appeal more leniently
    than delays in the institution of an appeal. The
    courts view applications relating to lawyer’s
    lapses more leniently than applications relating
    to litigant’s lapses. The classic example is the
    difference in approach of courts to applications
    for condonation of delay in filing an appeal and
    applications for condonation of delay in re-filing
    the appeal after rectification of defects.

    (i) Want of ‘diligence’ or ‘inaction’ can be
    attributed to an appellant only when something
    required to be done by him, is not done. When
    nothing is required to be done, courts do not
    expect the appellant to be diligent. Where an
    appeal is admitted by the High Court and is
    not expected to be listed for final hearing for a
    few years, an appellant is not expected to visit
    the court or his lawyer every few weeks to
    ascertain the position nor keep checking
    whether the contesting respondent is alive. He
    merely awaits the call or information from his
    counsel about the listing of the appeal. ***

    16. Above are the principles which should control the
    exercise of judicial discretion vested in the Court
    under these provisions. The explained delay should
    be clearly understood in contradistinction to
    inordinate unexplained delay. Delay is just one of
    the ingredients which has to be considered by the
    Court. In addition to this, the Court must also take
    into account the conduct of the parties, bona fide
    reasons for condonation of delay and whether such
    delay could easily be avoided by the applicant
    acting with normal care and caution. The statutory
    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 41 of 87
    provisions mandate that applications for
    condonation of delay and applications belatedly filed
    beyond the prescribed period of limitation for
    bringing the legal representatives on record, should
    be rejected unless sufficient cause is shown for
    condonation of delay. The larger benches as well
    as equi benches of this Court have consistently
    followed these principles and have either
    allowed or declined to condone the delay in
    filing such applications. Thus, it is the
    requirement of law that these applications cannot be
    allowed as a matter of right and even in a routine
    manner. An applicant must essentially satisfy the
    above stated ingredients; then alone the Court
    would be inclined to condone the delay in the filing
    of such applications.”

    13.7. In Pundlik Jalam Patil Vrs. Executive Engineer, Jalgaon
    Medium Project, (2008) 17 SCC 448, it is observed that:

    “The laws of limitation are founded on public policy.
    Statutes of limitation are sometimes described as
    “statutes of peace”. An unlimited and perpetual threat of
    limitation creates insecurity and uncertainty; some kind of
    limitation is essential for public order. The principle is
    based on the maxim “interest reipublicae ut sit finis
    litium”, that is, the interest of the State requires that there
    should be end to litigation but at the same time laws of
    limitation are a means to ensure private justice
    suppressing fraud and perjury, quickening diligence and
    preventing oppression. The object for fixing time-limit for
    litigation is based on public policy fixing a lifespan for
    legal remedy for the purpose of general welfare. They are
    meant to see that the parties do not resort to dilatory
    tactics but avail their legal remedies promptly. Salmond in

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 42 of 87
    his Jurisprudence states that the laws come to the
    assistance of the vigilant and not of the sleepy.”

    13.8. The Hon’ble Supreme Court of India investigated if “to
    condone, or not to condone” four days’ delay, besides
    examining as to “whether or not to apply the same
    standard in applying the ‘sufficient cause’ test to all the
    litigants regardless of their personality” in Collector,
    Land Acquisition, Anantnag Vrs. Mst. Katiji, (1987) 2 SCC
    107 = (1987) 2 SCR 387 and laid down the following
    dicta:

    “The Legislature has conferred the power to condone
    delay by enacting Section 5 of the Indian Limitation Act of
    1963 in order to enable the Courts to do substantial
    justice to parties by disposing of matters on ‘merits’. The
    expression ‘sufficient cause’ employed by the Legislature
    is adequately elastic to enable the Courts to apply the law
    in a meaningful manner which subserves the ends of
    justice– that being the life-purpose for the existence of
    the institution of Courts. It is common knowledge that this
    Court has been making a justifiably liberal approach in
    matters instituted in this Court. But the message does not
    appear to have percolated down to all the other Courts in
    the hierarchy. And such a liberal approach is adopted on
    principle as it is realized that:

    1. Ordinarily a litigant does not stand to benefit by
    lodging an appeal late.

    2. Refusing to condone delay can result in a
    meritorious matter being thrown out at the very
    threshold and cause of justice being defeated. As
    against this when delay is condoned the highest

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 43 of 87
    that can happen is that a cause would be decided
    on merits after hearing the parties.

    3. ‘Every day’s delay must be explained’ does not
    mean that a pedantic approach should be made.

    Why not every hour’s delay, every second’s delay?
    The doctrine must be applied in a rational common
    sense pragmatic manner.

    4. When substantial justice and technical
    considerations are pitted against each other, cause
    of substantial justice deserves to be preferred for the
    other side cannot claim to have vested right in
    injustice being done because of a non-deliberate
    delay.

    5. There is no presumption that delay is occasioned
    deliberately, or on account of culpable negligence, or
    on account of mala fides. A litigant does not stand to
    benefit by resorting to delay. In fact he runs a
    serious risk.

    6. It must be grasped that judiciary is respected not on
    account of its power to legalize injustice on technical
    grounds but because it is capable of removing
    injustice and is expected to do so.

    Making a justice-oriented approach from this perspective,
    there was sufficient cause for condoning the delay in the
    institution of the appeal. The fact that it was the ‘State’
    which was seeking condonation and not a private party
    was altogether irrelevant. The doctrine of equality before
    law demands that all litigants, including the State as a
    litigant, are accorded the same treatment and the law is
    administered in an even handed manner. There is no
    warrant for according a step-motherly treatment when the
    ‘State’ is the applicant praying for condonation of delay.

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 44 of 87

    In fact experience shows that on account of an impersonal
    machinery (no one in charge of the matter is directly hit or
    hurt by the judgment sought to be subjected to appeal)
    and the inherited bureaucratic methodology imbued with
    the note-making, file pushing, and passing-on-the-buck
    ethos, delay on its part is less difficult to understand
    though more difficult to approve. In any event, the State
    which represents the collective cause of the community,
    does not deserve a litigant-non-grata status. The Courts
    therefore have to be informed with the spirit and
    philosophy of the provision in the course of the
    interpretation of the expression ‘sufficient cause’. So also
    the same approach has to be evidenced in its application
    to matters at hand with the end in view to do even
    handed justice on merits in preference to the approach
    which scuttles a decision on merits.”

    13.9. Discussing the scope and discretion of the Court in
    condoning the substantial delay caused in filing appeal
    by the State in G. Ramegowda Major Vrs. Special Land
    Acquisition Officer, (1988) 2 SCC 142 the Hon’ble
    Supreme Court of India observed as follows:

    “15. In litigations to which Government is a party there is
    yet another aspect which, perhaps, cannot be
    ignored. If appeals brought by Government are
    lost for such defaults, no person is individually
    affected; but what, in the ultimate analysis,
    suffers is public interest. The decisions of
    Government are collective and institutional
    decisions and do not share the characteristics
    of decisions of private individuals.

    16. The law of limitation is, no doubt, the same for
    a private citizen as for Governmental-

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 45 of 87

    authorities. Government, like any other litigant
    must take responsibility for the acts or
    omissions of its officers. But a somewhat
    different complexion is imparted to the matter
    where Government makes out a case where
    public interest was shown to have suffered
    owing to acts of fraud or bad faith on the part
    of its officers or agents and where the officers
    were clearly at cross-purposes with it.

    17. Therefore, in assessing what, in a particular case,
    constitutes ‘sufficient cause’ for purposes of Section
    5
    it might, perhaps, be somewhat unrealistic to
    exclude from the considerations that go into the
    judicial verdict, these factors which are peculiar to
    and characteristic of the functioning of the
    Government. Governmental decisions are
    proverbially slow encumbered, as they are, by a
    considerable degree of procedural red-tape in the
    process of their making. A certain amount of latitude
    is, therefore, not impermissible. It is rightly said that
    those who bear responsibility of Government must
    have ‘a little play at the joints’. Due recognition of
    these limitations on Governmental functioning– of
    course, within a reasonable limits–is necessary if
    the judicial approach is not rendered unrealistic. It
    would, perhaps, be unfair and unrealistic to put
    Government and private parties on the same footing
    in all respects in such matters. Implicit in the very
    nature of Governmental functioning is procedural
    delay incidental to the decision making process. In
    the opinion of the High Court, the conduct of the law-
    officers of the Government placed the Government in
    a predicament and that it was one of these cases
    where the mala fides of the officers should not be

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 46 of 87
    imputed to Government. It relied upon and trusted
    its law-officers. Lindley, M.R., in the In re: National
    Bank of Wales Ltd., LR 1899 2 Ch. 629 @ 673
    observed, though in a different context:

    ‘Business cannot be carried on, upon principles of
    distrust. Men in responsible positions must be
    trusted by those above them, as well as by those
    below them, until there is reason to distrust them.’

    In the opinion of the High Court, it took quite
    sometime for the Government to realise that the law-
    officers failed that trust.

    18. While a private person can take instant decision a
    ‘bureaucratic or democratic organ’ it is said by a
    learned Judge ‘hesitates and debates, consults and
    considers, speaks through paper, moves horizontally
    and vertically till at last it gravitates towards a
    conclusion, unmindful of time and impersonally.’ ***”

    13.10. In absence of showing deliberate delay as a dilatory
    tactic, the manner of use of discretion in favour of
    condonation of delay in filing appeal by the State
    machinery with due regard to ‘sufficient cause’ has been
    enumerated in N. Balakrishnan Vrs. M. Krishnamurty,
    (1998) 7 SCC 123 in the following terms:

    “8. The Appellant’s conduct does not on the whole
    warrant to castigate him as an irresponsible litigant.
    What he did in defending the suit was not very
    much far from what a litigant would broadly do. Of
    course, it may be said that he should have been
    more vigilant by visiting his advocate at short
    intervals to check up the progress of the litigation.

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 47 of 87

    But during these days when everybody is fully
    occupied with his own avocation of life an omission
    to adopt such extra vigilance need not be used as a
    ground to depict him as a litigant not aware of his
    responsibilities, and to visit him with drastic
    consequences.

    9. It is axiomatic that condonation of delay is a matter
    of discretion of the court Section 5 of the Limitation
    Act does not say that such discretion can be
    exercised only if the delay is within a certain limit.
    Length of delay is no matter, acceptability of
    the explanation is the only criterion.
    Sometimes delay of the shortest range may be
    uncondonable due to want of acceptable
    explanation whereas in certain other cases
    delay of very long range can be condoned as
    the explanation thereof is satisfactory. Once the
    Court accepts the explanation as sufficient it is the
    result of positive exercise of discretion and normally
    the superior court should not disturb such finding,
    much less in reversional jurisdiction, unless the
    exercise of discretion was on whole untenable
    grounds or arbitrary or perverse. But it is a different
    matter when the first Court refuses to condone the
    delay. In such cases, the superior Court would be
    free to consider the cause shown for the delay
    afresh and it is open to such superior Court to come
    to its own finding even untrammeled by the
    conclusion of the lower Court.

    10. The reason for such a different stance is thus:

    The primary function of a Court is to adjudicate the
    dispute between the parties and to advance
    substantial justice. Time limit fixed for

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 48 of 87
    approaching the Court in different situations is
    not because on the expiry of such time a bad
    cause would transform into a good cause.

    11. Rules of limitation are not meant to destroy the
    right of parties. They are meant to see that
    parties do not resort to dilatory tactics, but
    seek their remedy promptly. The object of
    providing a legal remedy is to repair the damage
    caused by reason of legal injury. Law of limitation
    fixes a life-span for such legal remedy for the
    redress of the legal injury so suffered. Time is
    precious and the wasted time would never revisit.

    During efflux of time newer causes would sprout up
    necessitating newer persons to seek legal remedy by
    approaching the courts. So a life span must be fixed
    for each remedy. Unending period for launching the
    remedy may lead to unending uncertainty and
    consequential anarchy. The law of limitation is
    thus founded on public policy. It is enshrined
    in the maxim interest reipublicae up sit finis
    litium (it is for the general welfare that a
    period be putt to litigation). Rules of limitation
    are not meant to destroy the rights of the parties.
    They are meant to see that parties do not resort to
    dilatory tactics but seek their remedy promptly. The
    idea is that every legal remedy must be kept
    alive for a legislatively fixed period of time.

    12. A Court knows that refusal to condone delay would
    result foreclosing a suitor from putting forth his
    cause. There is no presumption that delay in
    approaching the Court is always deliberate. This
    Court has held that the words ‘sufficient cause’
    under Section 5 of the Limitation Act should receive
    a liberal construction so as to advance substantial
    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 49 of 87
    justice vide Shakuntala Devi Jain Vrs. Kuntal
    Kumari, AIR 1969 SC 575 = (1969) 1 SCR 1006 and
    State of West Bengal Vrs. The Administrator,
    Howrah Municipality, AIR 1972 SC 749 = (1972) 1
    SCC 366.

    13. It must be remembered that in every case of delay
    there can be some lapse on the part of the litigant
    concerned. That alone is not enough to turn down
    his plea and to shut the door against him. If the
    explanation does not smack of mala fides or it
    is not put forth as part of a dilatory strategy
    the Court must show utmost consideration to
    the suitor. But when there is reasonable ground
    to think that the delay was occasioned by the
    party deliberately to gain time then the Court
    should lean against acceptance of the
    explanation. While condoning delay the Court
    should not forget the opposite party altogether. It
    must be borne in mind that he is a looser and he too
    would have incurred quiet a large litigation
    expenses. It would be a salutary guideline that
    when Courts condone the delay due to laches
    on the part of the applicant the Court shall
    compensate the opposite party for his loss.”

    13.11. It is significant to notice the decision of the Hon’ble
    Supreme Court of India rendered in the case of Sheo Raj
    Singh (deceased) through Legal Representatives Vrs.
    Union of India, (2023) 10 SCC 531 wherein while
    explaining the term “sufficient cause”, the nature of
    approach of the Court and the methodology in deciding
    the application for condonation of delay have been

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 50 of 87
    discussed with reference to earlier precedents. The said
    Court in the mentioned reported case held as follows:

    “30. Considering the aforementioned decisions, there
    cannot be any quarrel that this Court has stepped in
    to ensure that substantive rights of private parties
    and the State are not defeated at the threshold
    simply due to technical considerations of delay.
    However, these decisions notwithstanding, we
    reiterate that condonation of delay being a
    discretionary power available to Courts,
    exercise of discretion must necessarily depend
    upon the sufficiency of the cause shown and
    the degree of acceptability of the explanation,
    the length of delay being immaterial.

    31. Sometimes, due to want of sufficient cause being
    shown or an acceptable explanation being proffered,
    delay of the shortest range may not be condoned
    whereas, in certain other cases, delay of long
    periods can be condoned if the explanation is
    satisfactory and acceptable. Of course, the Courts
    must distinguish between an ‘explanation’ and
    an ‘excuse’. An ‘explanation’ is designed to give
    someone all of the facts and lay out the cause for
    something. It helps clarify the circumstances of a
    particular event and allows the person to point out
    that something that has happened is not his fault, if
    it is really not his fault. Care must however be
    taken to distinguish an ‘explanation’ from an
    ‘excuse’. Although people tend to see ‘explanation’
    and ‘excuse’ as the same thing and struggle to find
    out the difference between the two, there is a
    distinction which, though fine, is real.

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 51 of 87

    32. An ‘excuse’ is often offered by a person to deny
    responsibility and consequences when under attack.
    It is sort of a defensive action. Calling something as
    just an ‘excuse’ would imply that the explanation
    proffered is believed not to be true. Thus said,
    there is no formula that caters to all situations
    and, therefore, each case for condonation of
    delay based on existence or absence of
    sufficient cause has to be decided on its own
    facts. At this stage, we cannot but lament that it is
    only excuses, and not explanations, that are more
    often accepted for condonation of long delays to
    safeguard public interest from those hidden forces
    whose sole agenda is to ensure that a meritorious
    claim does not reach the higher Courts for
    adjudication.

    ***

    34. The order under challenge in this appeal is dated
    21st December 2011. It was rendered at a point of
    time when the decisions in Mst. Katiji (supra),
    Ramegowda (supra), Chandra Mani (supra),
    Tehsildar (LA) Vrs. K.V. Ayisumma, (1996) 10 SCC
    634 and State of Nagaland Vrs. Lipok AO, (2005) 3
    SCC 752 were holding the field. It is not that the
    said decisions do not hold the field now, having
    been overruled by any subsequent decision.
    Although there have been some decisions in the
    recent past [State of M.P. Vrs. Bherulal, (2020) 10
    SCC 654 is one such decision apart from University
    of Delhi Vrs. Union of India, (2020) 13 SCC 745]
    which have not accepted governmental lethargy,
    tardiness and indolence in presenting appeals
    within time as sufficient cause for condonation of
    delay, yet, the exercise of discretion by the High
    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 52 of 87
    Court has to be tested on the anvil of the liberal and
    justice oriented approach expounded in the
    aforesaid decisions which have been referred to
    above.

    ***

    40. We can also profitably refer to State of Manipur Vrs.

    Koting Lamkang, (2019) 10 SCC 408 … where the
    same Bench of three Hon’ble Judges of this Court
    which decided University of Delhi Vrs. Union of
    India, (2020) 13 SCC 745 was of the view that the
    impersonal nature of the State’s functioning should
    be given due regard, while ensuring that individual
    defaults are not nit-picked at the cost of collective
    interest. The relevant paragraphs read as follows:

    ‘7. But while concluding as above, it was
    necessary for the Court to also be
    conscious of the bureaucratic delay and
    the slow pace in reaching a Government
    decision and the routine way of deciding
    whether the State should prefer an appeal
    against a judgment adverse to it. Even
    while observing that the law of limitation would
    harshly affect the party, the Court felt that the
    delay in the appeal filed by the State, should
    not be condoned.

    8. Regard should be had in similar such
    circumstances to the impersonal nature of the
    Government’s functioning where individual
    officers may fail to act responsibly. This in
    turn, would result in injustice to the
    institutional interest of the State. If the appeal
    filed by the State are lost for individual default,

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 53 of 87
    those who are at fault, will not usually be
    individually affected.’

    41. Having bestowed serious consideration to the rival
    contentions, we feel that the High Court’s decision to
    condone the delay on account of the first
    respondent’s inability to present the appeal within
    time, for the reasons assigned therein, does not
    suffer from any error warranting interference. As
    the aforementioned judgments have shown,
    such an exercise of discretion does, at times,
    call for a liberal and justice-oriented approach
    by the Courts, where certain leeway could be
    provided to the State. The hidden forces that
    are at work in preventing an appeal by the
    State being presented within the prescribed
    period of limitation so as not to allow a higher
    court to pronounce upon the legality and
    validity of an order of a lower court and
    thereby secure unholy gains, can hardly be
    ignored. Impediments in the working of the grand
    scheme of governmental functions have to be
    removed by taking a pragmatic view on balancing of
    the competing interests.”

    13.12. In Pathupati Subba Reddy (died) by Lrs. Vrs. The
    Special Deputy Collector (LA), (2024) 4 SCR 241 = 2024
    INSC 286, having taken review of relevant earlier
    decisions, the principles for consideration of
    condonation of delay have been expounded in the
    following terms:

    “6. The moot question before us is whether in the facts
    and circumstances of the case, the High Court was

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 54 of 87
    justified in refusing to condone the delay in filing the
    proposed appeal and to dismiss it as barred by
    limitation.

    ***

    9. Section 3 of the Limitation Act in no uncertain terms
    lays down that no suit, appeal or application
    instituted, preferred or made after the period
    prescribed shall be entertained rather dismissed
    even though limitation has not been set up as a
    defence subject to the exceptions contained in
    Sections 4 to 24 (inclusive) of the Limitation Act.

    ***

    12. In view of the above provision, the appeal which is
    preferred after the expiry of the limitation is liable to
    be dismissed. The use of the word ‘shall’ in the
    aforesaid provision connotes that the dismissal is
    mandatory subject to the exceptions. Section 3 of the
    Act is peremptory and had to be given effect to even
    though no objection regarding limitation is taken by
    the other side or referred to in the pleadings. In
    other words, it casts an obligation upon the
    Court to dismiss an appeal which is presented
    beyond limitation. This is the general law of
    limitation. The exceptions are carved out under
    Sections 4 to 24 (inclusive) of the Limitation
    Act but we are concerned only with the
    exception contained in Section 5 which
    empowers the Courts to admit an appeal even
    if it is preferred after the prescribed period
    provided the proposed appellant gives
    ‘sufficient cause’ for not preferring the appeal
    within the period prescribed. In other words, the

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 55 of 87
    Courts are conferred with discretionary powers to
    admit an appeal even after the expiry of the
    prescribed period provided the proposed appellant is
    able to establish ‘sufficient cause’ for not filing it
    within time. The said power to condone the
    delay or to admit the appeal preferred after
    the expiry of time is discretionary in nature
    and may not be exercised even if sufficient
    cause is shown based upon host of other
    factors such as negligence, failure to exercise
    due diligence etc.

    13. It is very elementary and well understood that
    Courts should not adopt an injustice-oriented
    approach in dealing with the applications for
    condonation of the delay in filing appeals and rather
    follow a pragmatic line to advance substantial
    justice.

    ***

    17. It must always be borne in mind that while
    construing ‘sufficient cause’ in deciding
    application under Section 5 of the Act, that on
    the expiry of the period of limitation prescribed
    for filing an appeal, substantive right in favour
    of a decree-holder accrues and this right ought
    not to be lightly disturbed. The decree-holder
    treats the decree to be binding with the lapse of time
    and may proceed on such assumption creating new
    rights.

    ***

    26. On a harmonious consideration of the provisions of
    the law, as aforesaid, and the law laid down by this
    Court, it is evident that:

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 56 of 87

    (i) Law of limitation is based upon public policy
    that there should be an end to litigation by
    forfeiting the right to remedy rather than the
    right itself;

    (ii) A right or the remedy that has not been
    exercised or availed of for a long time must
    come to an end or cease to exist after a fixed
    period of time;

    (iii) The provisions of the Limitation Act have to be
    construed differently, such as Section 3 has to
    be construed in a strict sense whereas Section
    5
    has to be construed liberally;

    (iv) In order to advance substantial justice, though
    liberal approach, justice-oriented approach or
    cause of substantial justice may be kept in
    mind but the same cannot be used to defeat
    the substantial law of limitation contained in
    Section 3 of the Limitation Act;

    (v) Courts are empowered to exercise discretion to
    condone the delay if sufficient cause had been
    explained, but that exercise of power is
    discretionary in nature and may not be
    exercised even if sufficient cause is established
    for various factors such as, where there is
    inordinate delay, negligence and want of due
    diligence;

    (vi) Merely some persons obtained relief in similar
    matter, it does not mean that others are also
    entitled to the same benefit if the Court is not
    satisfied with the cause shown for the delay in
    filing the appeal;

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 57 of 87

    (vii) Merits of the case are not required to be
    considered in condoning the delay; and

    (viii) Delay condonation application has to be
    decided on the parameters laid down for
    condoning the delay and condoning the delay
    for the reason that the conditions have been
    imposed, tantamounts to disregarding the
    statutory provision.”

    13.13. It may be of benefit to have reference to Esha
    Bhattacharjee Vrs. Managing Committee of Raghunathpur
    Nafar Academy, (2013) 9 SCR 782, wherein the following
    principles are culled out:

    “15. From the aforesaid authorities the principles that
    can broadly be culled out are:

    (i) There should be a liberal, pragmatic, justice- E
    oriented, non-pedantic approach while dealing
    with an application for condonation of delay,
    for the courts are not supposed to legalise
    injustice but are obliged to remove injustice.

    (ii) The terms ‘sufficient cause’ should be
    understood in their proper spirit, philosophy
    and purpose regard being had to the fact that
    these terms are basically elastic and are to be
    applied in proper perspective to the obtaining
    fact-situation.

    (iii) Substantial justice being paramount and
    pivotal the technical considerations should not
    be given undue and uncalled for emphasis.

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 58 of 87

    (iv) No presumption can be attached to deliberate
    causation of delay but, gross negligence on the
    part of the counsel or litigant is to be taken note
    of.

    (v) Lack of bona fides imputable to a party seeking
    condonation of delay is a significant and
    relevant fact.

    (vi) It is to be kept in mind that adherence to strict
    proof should not affect public justice and cause
    public mischief because the courts are required
    to be vigilant so that in the ultimate eventuate
    there is no real failure of justice.

    (vii) The concept of liberal approach has to
    encapsule the conception of reasonableness
    and it cannot be allowed a totally unfettered
    free play.

    (viii) There is a distinction between inordinate delay
    and a delay of short duration or few days, for
    to the former doctrine of prejudice is attracted
    whereas to the latter it may not be attracted.

    That apart, the first one warrants strict
    approach whereas the second calls for a liberal
    delineation.

    (ix) The conduct, behaviour and attitude of a party
    relating to its inaction or negligence are
    relevant factors to be taken into consideration.
    It is so as the fundamental principle is that the
    courts are required to weigh the scale of
    balance of justice in respect of both parties and
    the said principle cannot be given a total go by
    in the name of liberal approach.

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 59 of 87

    (x) If the explanation offered is concocted or
    the grounds urged in the application are
    fanciful, the courts should be vigilant not
    to expose the other side unnecessarily to
    face such a litigation.

    (xi) It is to be borne in mind that no one gets away
    with fraud, misrepresentation or interpolation
    by taking recourse to the technicalities of law
    of limitation.

    (xii) The entire gamut of facts are to be carefully
    scrutinized and the approach should be based
    on the paradigm of judicial discretion which is
    founded on objective reasoning and not on
    individual perception.

    (xiii) The State or a public body or an entity
    representing a collective cause should be given
    some acceptable latitude.

    16. To the aforesaid principles we may add some more
    guidelines taking note of the present day scenario.
    They are:

    (a) An application for condonation of delay should
    be drafted with careful concern and not in a
    half hazard manner harbouring the notion that
    the courts are required to condone delay on the
    bedrock of the principle that adjudication of a
    lis on merits is seminal to justice dispensation
    system.

    (b) An application for condonation of delay should
    not be dealt with in a routine manner on the
    base of individual philosophy which is
    basically subjective.

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 60 of 87

    (c) Though no precise formula can be laid down
    regard being had to the concept of judicial
    discretion, yet a conscious effort for achieving
    consistency and collegiality of the adjudicatory
    system should be made as that is the ultimate
    institutional motto.

    (d) The increasing tendency to perceive delay as a
    non-serious matter and, hence, lackadaisical
    propensity can be exhibited in a non-challant
    manner requires to be curbed, of course, within
    legal parameters.”

    13.14. In Amalendu Kumar Bera Vrs. State of West Bengal,
    (2013) 4 SCC 52 the consideration of “sufficient cause”

    qua official business has been perceived in the following
    manner:

    “There is no dispute that the expression “sufficient cause”

    should be considered with pragmatism in justice oriented
    approach rather than the technical detection of “sufficient
    cause” for explaining every day’s delay. However, it is
    equally well settled that the courts albeit liberally
    considered the prayer for condonation of delay but in
    some cases the court may refuse to condone the delay
    inasmuch as the Government is not accepted to keep
    watch whether the contesting respondent further put the
    matter in motion. The delay in official business requires
    its pedantic approach from public justice perspective. In a
    recent decision in Union of India Vrs. Nripen Sarma,
    (2013) 4 SCC 57 = AIR 2011 SC 1237 the matter came up
    against the order passed by the High Court condoning the
    delay in filing the appeal by the appellant-Union of India.
    The High Court refused to condone the delay on the
    ground that the appellant-Union of India took their own
    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 61 of 87
    sweet time to reach the conclusion whether the judgment
    should be appealed or not. The High Court also expressed
    its anguish and distress with the way the State conducts
    the cases regularly in filing the appeal after the same
    became operational and barred by limitation.”

    13.15. Having thus discussed the gamut of “sufficient
    cause” vis-à-vis “good cause” with reference to the
    parameters of consideration of germane grounds for
    condonation of delay in preferring appeal, this Court
    feels expedient to observe that in State of M.P. Vrs.
    Pradeep Kumar, (2000) 7 SCC 372, the Hon’ble Supreme
    Court held that if an appeal is time barred, the Court
    should either return the memorandum of appeal to the
    appellant to submit it along with an application under
    Section 5 of the Limitation Act or should provide a
    chance to file application for condonation of delay. The
    Court cannot, under such circumstances, dispose of the
    appeal on merit. In S.V. Matha Prasad Vrs. Lalchand
    Meghraj, (2007) 14 SCC 722, it has been clearly held that
    while dealing with an application under Section 5 of the
    Limitation Act, the Court cannot dispose of an appeal on
    merit and such a course has been disapproved by the
    Hon’ble Supreme Court of India. However, in O.P.
    Kathpalia Vrs. Lakhmir Singh, AIR 1984 SC 1744, it is
    held that if the refusal to condone the delay results in
    grave miscarriage of justice, it would be a ground to
    condone the delay.

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 62 of 87

    13.16. The Supreme Court of India in State of Madhya
    Pradesh Vrs. Bherulal, (2020) 10 SCC 654, made it clear
    that,

    “5. A preposterous proposition is sought to be
    propounded that if there is some merit in the
    case, the period of delay is to be given a go-by.
    If a case is good on merits, it will succeed in
    any case. It is really a bar of limitation which
    can even shut out good cases. This does not, of
    course, take away the jurisdiction of the Court
    in an appropriate case to condone the delay.

    6. We are also of the view that the aforesaid approach
    is being adopted in what we have categorised earlier
    as “certificate cases”. The object appears to be to
    obtain a certificate of dismissal from the Supreme
    Court to put a quietus to the issue and thus, say that
    nothing could be done because the highest Court has
    dismissed the appeal. It is to complete this
    formality and save the skin of officers who
    may be at default that such a process is
    followed. We have on earlier occasions also
    strongly deprecated such a practice and process.
    There seems to be no improvement. The purpose of
    coming to this Court is not to obtain such
    certificates and if the Government suffers
    losses, it is time when the officer concerned
    responsible for the same bears the
    consequences. The irony is that in none of the
    cases any action is taken against the officers,
    who sit on the files and do nothing. It is
    presumed that this Court will condone the delay and
    even in making submissions, straightaway the
    counsel appear to address on merits without
    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 63 of 87
    referring even to the aspect of limitation as
    happened in this case till we pointed out to the
    counsel that he must first address us on the
    question of limitation.

    7. We are thus, constrained to send a signal and we
    propose to do in all matters today, where there are
    such inordinate delays that the Government or State
    authorities coming before us must pay for wastage
    of judicial time which has its own value. Such costs
    can be recovered from the officers responsible.”

    13.17. Taking note of State of Madhya Pradesh Vrs.

    Bherulal, (2020) 10 SCC 654, in the cases of State of
    Odisha Vrs. Sunanda Mahakuda, (2021) 11 SCC 560;
    State of Gujarat Vrs. Tushar Jagdish Chandra Vyas,
    2021 SCC OnLine SC 3517; State of U.P. Vrs. Sabha
    Narain, (2022) 9 SCC 266; Union of India Vrs. Central
    Tibetan Schools Admin, 2021 SCC OnLine SC 119; Union
    of India Vrs. Vishnu Aroma Pouching Pvt. Ltd., (2022) 9
    SCC 263; Commissioner of Public Instruction Vrs.
    Shamshuddin, 2021 SCC OnLine SC 3518 identical view
    has been expressed by the Supreme Court of India.

    13.18. The stand taken in the interlocutory application for
    condonation of delay by the State of Odisha does not
    disclose any sufficient/good cause. This apart, the
    appellants have not explained with material particulars
    the delay in filing the writ appeal from the original
    prescribed period. Noteworthy here to have regard to the
    following conclusions enumerated by the Hon’ble
    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 64 of 87
    Supreme Court of India in the case of Shivamma Vrs.
    Karnataka Housing Board, (2025) 9 SCR 1774:

    “261.Thus, for the reasons aforesaid, the impugned order
    of the High Court deserves to be set aside. Before we
    proceed to close this judgment, we deem it
    appropriate to make it abundantly clear that
    administrative lethargy and laxity can never stand
    as a sufficient ground for condonation of delay, and
    we want to convey an emphatic message to all the
    High Courts that delays shall not be condoned on
    frivolous and superficial grounds, until a proper case
    of sufficient cause is made out, wherein the State-
    machinery is able to establish that it acted with
    bona fides and remained vigilant all throughout.
    Procedure is a handmaid to justice, as is famously
    said. But courts, and more particularly the
    constitutional courts, ought not to obviate the
    procedure for a litigating State agency, who also
    equally suffer the bars of limitation from pursuing
    litigations due to its own lackadaisical attitude.

    262. 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. Litigants cannot be placed in
    situations of perpetual litigations, wherein the fruits
    of their decrees or favourable orders are frustrated
    at later stages. We are at pains to reiterate this
    everlasting trend, and put all the High Courts to
    notice, not to reopen matters with inordinate delay,

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 65 of 87
    until sufficient cause exists, as by doing so the
    courts only add insult to the injury, more particularly
    in appeals under Section 100 of the Code of Civil
    Procedure, wherein its jurisdiction is already limited
    to questions of law.

    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.

    264. No litigant should be permitted to be so
    lethargic and apathetic, much less be
    permitted by the courts to misuse the process
    of law.”

    14. Thus being the delineated legal perspective for
    consideration of petition for condonation of delay, the
    decisions of the Courts as referred to supra, it is to be
    seen whether the petition under consideration filed by
    the State suggests sufficient cause for condonation of
    delay in filing writ appeal by conscientious application of
    discretion.

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 66 of 87

    CONCLUSION & DECISION:

    15. Cursory glance at the substance and circumstances
    demonstrated in the petition with regard to the gap
    between 30th June, 2022 (date of pronouncement of
    order in writ petition in presence of the appellants being
    represented by the Standing Counsel) to 18th December,
    2025 (date of filing of the writ appeal) it is discernible
    that vague explanation without material particulars save
    and except “necessary consultation were made with the
    Government authorities” has been proffered. No whisper
    is made with respect to the fact that to take a decision it
    took around 1237 + 30 days for the appellants to file
    writ appeal before the learned Single Judge particularly
    when identical matters, viz., Satyabrata Nayak and
    Others Vrs. State of Odisha and Others, WPC(OAC)
    No.902 of 2016 and batch vide Judgment dated 15th
    September, 2021 being carried before the Division Bench
    of this Court by the State of Odisha in W.A. No.557 of
    2022, came to be dismissed vide Order dated
    23.02.2026 along with the matters being W.A. Nos. 487
    of 2024, W.A. No.818 of 2021, WA No.1137 of 2022,
    W.A. No.1214 of 2022, W.A. No.1600 of 2022, W.A.
    No.1674 of 2022, W.A. No.89 of 2023, W.A. No.1039 of
    2023, W.A. No.1154 of 2023 & W.A. No.488 of 2024. A
    Division Bench of this Court disposed of other matters of
    similar context being Biswaranjan Biswal and Others

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 67 of 87
    Vrs. State of Odisha and Others, W.A.No.102 of 2016 was
    disposed of by Order dated 29.11.2022 and State of
    Odisha Vrs. Nirupama Jena, W.A. No. 1306 of 2025,
    disposed of vide Judgment dated 05.02.2026. Nothing is
    brought on record by the learned Additional Government
    Advocate to suggest that such matters have been
    assailed before the Hon’ble Supreme Court of India.
    Therefore, it is construed that said matters attained
    finality.

    15.1. This Court feels it expedient to take cognizance of the
    fact that such being the position it would not be
    appropriate to condone the unexplained delay of 1267
    (including normal specified period of 30 days) in the
    petition for consideration.

    15.2. Record does not reveal any alacrity is shown by any of
    the authorities-functionaries of the State of Odisha
    though in very many cases it is held that lackadaisical
    approach and indolent attitude of the functionaries are
    not to be considered with leniency by putting the
    opponent-vigilant citizen (litigant) in adverse position.

    15.3. This Court is apprised of the fact that a “Standard
    Operating Procedure (SOP) for Ensuring Timely Filing of
    Affidavits in Courts and Tribunals” has been issued by
    the Government of Odisha in Law Department vide
    Notification No.8292─IV/2 LR-210/26/L., dated

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 68 of 87
    10.06.20264 in consequence of Order dated 24th March,
    2026 passed in CONTC No 1011 of 2026 arising out of
    WP(C) No 18177 of 2025 taking into account the casual
    approach adopted by the State Authorities in filing
    affidavits/instructions resulting in unwarranted delays
    in disposal of Court Cases. It is also noticed that though
    the State Litigation Policy was formulated in the State
    during 2011 to reduce the State litigations basing on the
    National Litigation Policy as per recommendation of the
    13th Finance Commission, in its place a new State
    Litigation Policy5 has been formulated to minimize the
    litigations against/by the State and streamlining
    consideration of the grievances to prevent avoidable
    litigations keeping in view the Order dated 3rd October,
    2023 passed by this Court in WPC (PIL) No.28053 of
    2023 and the Guidelines of the National Litigation
    Policy.

    15.4. The fact pleaded does not transpire as to why the
    appellants have not placed the events with material
    details to demonstrate as to why the functionaries of the
    State of Odisha showed lethargy. After the Order has
    been passed on 30.06.2022 in the writ petition by the
    learned Single Judge in open court in presence of the
    learned counsel for the petitioner as well as the Standing

    4 Published in the Extraordinary Issue of the Odisha Gazette No.2406, dated
    10.06.2026.

    5 The State Litigation Policy, 2024 is published in the Extraordinary Issue of the
    Odisha Gazette No.2162, dated 18.11.2024.

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 69 of 87

    Counsel for School and Mass Education Department, no
    reason is ascribed by the appellants to demonstrate why
    it took such a long period of time to decide whether to
    approach this Court by way of writ appeal.

    15.5. Though such factual aspects are glaring on the face of
    the interlocutory application in the writ appeal, this
    Court, being conscious of ratio of decisions of the
    Hon’ble Supreme Court of India, is required to consider
    if at all the appellants have made out a case showing
    “sufficient cause”/”good cause” with respect to the delay
    of 1297 days (including thirty days of normal period)
    caused in filing appeal so that indulgence can be shown
    to consider the merit of the matter by condoning the
    delay in filing the intra-Court appeal.

    15.6. This Court on careful examination of contents of the
    interlocutory application praying therein for condoning
    the delay found that no material particulars have been
    pleaded leading to such inordinate delay. By way of
    objection in shape of affidavit the respondent clearly
    brought to fore the fact that in order to avoid the rigours
    of directions contained in the order passed in the writ
    petition, which have not been complied with, the writ
    appeal has been filed.

    15.7. While enunciating that pragmatism in justice oriented
    approach is to be shown by the Court having regard to

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 70 of 87
    the impersonal bureaucratic set up involved in red-
    tapism within reasonable limits of time, the Hon’ble
    Supreme Court propounded to hold officer concerned
    personally responsible in the case of State of Haryana
    Vrs. Chandra Mani, (1996) 3 SCC 132 and the
    proposition of legal position stands thus:

    “It is notorious and common knowledge that delay in more
    than 60 per cent of the cases filed in this Court– be it by
    private party or the State– are barred by limitation and
    this Court generally adopts liberal approach in
    condonation of delay finding somewhat sufficient cause to
    decide the appeal on merits. It is equally common
    knowledge that litigants including the State are accorded
    the same treatment and the law is administered in an
    even-handed manner. When the State is an applicant,
    praying for condonation of delay, it is common
    knowledge that on account of impersonal
    machinery and the inherited bureaucratic
    methodology imbued with the note-making, file-
    pushing, and passing-on-the-buck ethos, delay on
    the part of the State is less difficult to understand
    though more difficult to approve, but the State
    represents collective cause of the community. It is
    axiomatic that decisions are taken by officers/agencies
    proverbially at slow pace and encumbered process of
    pushing the files from table to table and keeping it on
    table for considerable time causing delay– intentional or
    otherwise– is a routine. Considerable delay of procedural
    red tape in the process of their making decision is a
    common feature. Therefore, certain amount of latitude is
    not impermissible. If the appeals brought by the State
    are lost for such default no person is individually

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 71 of 87
    affected but what in the ultimate analysis suffers,
    is public interest. The expression ‘sufficient cause’
    should, therefore, be considered with pragmatism in
    justice-oriented approach rather than the technical
    detection of sufficient cause for explaining every
    day’s delay. The factors which are peculiar to and
    characteristic of the functioning of the Governmental
    conditions would be cognizant to and requires adoption of
    pragmatic approach in justice-oriented process. The Court
    should decide the matters on merits unless the case is
    hopelessly without merit. No separate standards to
    determine the cause laid by the State vis-a-vis private
    litigant could be laid to prove strict standards of sufficient
    cause. The Government at appropriate level should
    constitute legal cells to examine the cases whether any
    legal principles are involved for decision by the Courts or
    whether cases require adjustment and should authorise
    the officers take a decision or give appropriate permission
    for settlement. In the event of decision to file appeal
    needed prompt action should be pursued by the officer
    responsible to file the appeal and he should be made
    personally responsible for lapses, if any. Equally, the
    State cannot be put on the same footing as an individual.
    The individual would always be quick in taking the
    decision whether he would pursue the remedy by
    way of an appeal or application since he is a person
    legally injured while State is an impersonal
    machinery working through its officers or servants.
    Considered from this perspective, it must be held that the
    delay of 109 days in this case has been explained and
    that it is a fit case for condonation of the delay.”

    15.8. In the considered view of this Court mere use of the
    expressions like “no wilful negligence”, “no deliberate
    laches”, “no deliberate” or “unintentional” in the petition
    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 72 of 87
    without putting forth material fact would not assist the
    cause of the appellants for condoning the delay in
    preferring writ appeal.

    15.9. In the case of Maniben Devraj Shah Vrs. Municipal
    Corporation of Brihan Mumbai, (2012) 5 SCC 157, the
    observation of the Supreme Court of India may deserve
    to be quoted:

    “What colour the expression ‘sufficient cause’ would get in
    the factual matrix of a given case would largely depend
    on bona fide nature of the explanation. If the Court finds
    that there has been no negligence on the part of the
    applicant and the cause shown for the delay does not
    lack bona fides, then it may condone the delay. If, on the
    other hand, the explanation given by the applicant is
    found to be concocted or he is thoroughly negligent in
    prosecuting his cause, then it would be a legitimate
    exercise of discretion not to condone the delay.”

    15.10. Besides having taken note of the principles
    enunciated by the Court(s) as referred to in foregoing
    paragraphs, it is noteworthy to have regard to the
    following decisions also.

    The position of law as discussed with regard to
    condonation of delay in Office of the Chief Post Master
    General Vrs. Living Media India Ltd., (2012) 1 SCR 1045 =
    2012 INSC 105 may throw light on the issue at hand. In
    the said case the Hon’ble Supreme Court of India was
    considering inordinate delay of around 427 days caused

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 73 of 87
    by functionaries of the Government in filing SLPs and
    the said Hon’ble Court held as follows:

    “12. 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. 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
    bona fide, 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 Government.

    13. 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

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 74 of 87
    was bona fide 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
    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.”

    This Court in Radharaman Store Vrs. Odisha Sales Tax
    Tribunal and Another, 1997 SCC OnLine Ori 98 = 85
    (1998) CLT 657 = (1998) 108 STC 284 (Ori) has been
    pleased to make following observation for non-furnishing
    plausible explanation by the Government:

    “9. The question remains whether any plausible or
    acceptable reason was indicated by the Revenue
    while seeking condonation, and whether the
    Tribunal considered the matter in its proper
    perspective. The reasons indicated in the petition
    filed by the Revenue extracted in its entirety reads
    as follows:

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 75 of 87

    ‘That the delay in filing of the appeal is non-
    deliberate. The delay was due to the process of
    decision-making in Government office.’

    The Tribunal’s order in its entirety reads as follows:

    ‘Heard the learned Addl. S.R. for the State and the
    learned advocate for the assessee. The 1st appeal
    orders were received in the office of the
    Commissioner of Sales Tax on December 14, 1993
    and due date of filing of the appeals was February
    12, 1994, but the appeals have been filed on April 4,
    1994 causing a delay of 50 days. In the petition for
    condonation of delay it has been explained that the
    delay in filing of the appeal was due to process of
    decision-making for filing of the second appeals. On
    a perusal of the administrative file it appears that
    the file was endorsed to the Addl. S.R. for his
    opinion on December 31, 1993 and decision was
    made on March 30, 1994 for filing of the second
    appeal. Thereafter the appeals were filed on April 4,
    1994. So, the delay of 50 days in filing the second
    appeal in decision-making which was considered
    sufficient cause for not filing the second appeal in
    time. Hence, the petition is allowed and the delay is
    condoned. Register the appeals.’

    10. The factual backdrop and few relevant facts need to
    be noted. It is an accepted position that the file was
    endorsed to the Addl. S.R. for opinion on December
    31, 1993, and he passed an order on March 30,
    1994 for filing of the second appeal. No cause has
    been indicated as to why the Addl. S.R. took such a
    long time, and what transpired during that period.

    In fact no explanation whatsoever has been
    offered. Tribunal’s reasoning is that there was

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 76 of 87
    delay in decision-making process and that was
    considered to be sufficient cause. The
    conclusion does not stand to reason. On the
    contrary, it shows non-application of mind to
    the germane issue. Even though a liberal
    approach has to be adopted, that does not
    mean that any plea without any plausible or
    acceptable basis, and not even hearing
    semblance of rationality has to be accepted,
    and delay has to be condoned. That shall be
    against the very spirit of law. Prescription of
    timelimit for filing appeals would become
    meaningless in such event. Merely because State is
    involved, that does not mean that any lethargic or
    supine inaction has to be condoned or ignored, and
    even if no reason is indicated that would be
    inconsequential. The subject-matter was not very
    complex and rather the grounds of appeal filed
    appear to be of very routine nature. As has been
    observed by this Court in Hindustan
    Aeronautics Limited, Koraput Division Vrs.
    State of Orissa, (1976) 38 STC 538, delay
    caused by the concerned officer in giving his
    opinion, without any explanation whatsoever
    does not constitute sufficient ground for
    condonation of delay. In the aforesaid
    premises, the inevitable conclusion is that the
    Tribunal has not applied its judicial mind to
    the question whether delay was to be
    condoned.

    Certain interesting and relevant features are noticed
    on perusal of the administrative file produced. Up to
    end of page 2, the proposed grounds of appeal have
    been written in hand. Interestingly from page 3, they

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 77 of 87
    are typed. Except that portion, next are hand
    written. This aspect assumes greater importance
    because in the margin of page 2, the following
    endorsement has been made on March 25, 1994
    “signature is wanting”. Whose signature was
    wanting and who detected it on March 25, 1994
    remains a mystery. If the file was with the Addl.
    S.R. till March 30, 1994, how another officer
    handled it to notice absence of signature.

    That has not been explained. If records have been
    manipulated, it is a very serious matter and needs
    an enquiry by the Commissioner of Sales Tax,
    Orissa.”

    15.11. Apparently from the explanation as found
    mentioned in the interlocutory application, the
    appellants have not given details of events with sufficient
    reasons for the delay. Furthermore, there is no
    explanation whatsoever is placed on record to show as to
    why there was delay during the prescribed period of
    limitation in terms of the provisions for filing writ appeal
    under the Rules of the High Court of Orissa, 1948.

    15.12. Regard may also be had to State of Madhya
    Pradesh Vrs. Ramkumar Choudhary, 2024 SCC OnLine
    SC 3612, wherein the following observations have been
    made by the Hon’ble Supreme Court of India:

    “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
    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 78 of 87
    adequate and enough reason which prevented
    him to approach the Court within limitation. In
    Majji Sannemma Vrs. 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 Dabra Vrs. Pyare
    Ram, 2023 SCC OnLine SC 92 wherein, it was held
    as follows:

    ’13. This Court in the case of Basawaraj Vrs.

    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
    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 79 of 87
    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 liberally
    interpreted, if negligence, inaction or lack of bona
    fides is attributed to the party.

    5.1. In Union of India Vrs. Jahangir Byramji Jeejeebhoy
    (D) through his legal heir, 2024 SCC OnLine SC 489
    = 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

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 80 of 87
    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 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
    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 81 of 87
    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.

    ***

    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

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 82 of 87
    justice is not to cause prejudice to the opposite
    party. The appellants have failed 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

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 83 of 87
    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
    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

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 84 of 87
    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 Vrs. State of Gujarat, (1981)
    1 SCC 495 = AIR 1981 SC 733).”

    15.13. In Vedabai @ Vaijayanatabai Baburao Patil Vrs.

    Shantaram Baburao Patil, AIR 2001 SC 2582, the Hon’ble
    Court observed that,

    “A distinction must be made between a case where the
    delay is inordinate and a case where the delay is of a few
    days. Whereas in the former case the consideration of
    prejudice to the other side will be a relevant factor so the
    case calls for a more cautious approach but in the latter
    case no such consideration may arise and such a case
    deserves a liberal approach. No hard and fast rule can
    be laid down in this regard. The Court has to
    exercise the discretion on the facts of each case
    keeping in mind that in construing the expression
    ‘sufficient cause’ the principle of advancing
    substantial justice is of prime importance.”

    15.14. It needs to be emphasised age-old maxim
    “Vigilantibus Et Non Dormientibus Jura Subveniunt”,
    meaning thereby equity avails to the vigilant, not the
    person who sleeps over his right. The Courts will not
    help the persons who sleep over their rights but help
    those who are aware of their rights. A person is said to

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 85 of 87
    be liable for laches when he comes to the Court to affirm
    rights after a reasonable delay in that respect.

    15.15. This Court, therefore, comes to the irresistible
    conclusion that stating simply that delay occasioned due
    to movement of files for consultation at different levels
    would not suffice. It cannot thus be construed that such
    explanation (rather excuse) is “sufficient cause”/”good
    cause” so as to warrant consideration of cause for the
    delay in filing writ appeal. This Court does not find the
    averments of the appellants in the application for
    condonation of delay as genuine.

    16. From the above discussions it is immutable that unless
    “sufficient cause”/”good cause” is shown, there is little
    scope for the Court to exercise the discretion in
    condoning the inordinate delay in filing writ appeal by
    the Government.

    17. Under the above premises, the petition for condonation
    of delay does not demonstrate sufficient/good cause; as
    such, this Court does not deem it a fit case deserving
    condonation of inordinate delay in filing writ appeal.
    Having noticed want of bona fide on the part of
    appellants and the inaction or negligence as is perceived
    on the facts and the circumstances of the present case,
    it would deprive the appellants of the protection within
    ken of the connotation of the term “sufficient

    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 86 of 87
    cause”/”good cause”. Thus, the petition praying to
    condone the delay of 1237 (plus 30 days specified
    prescribed period) in filing the writ appeal cannot be
    allowed. It is on threadbare discussion on the material
    available on record this Court comes to hold that the
    appellants were found to be negligent. The appellants
    have not been diligently prosecuting cases.

    18. So far as the decision relied upon by the Single Bench in
    the case of Sri Satyabrata Nayak (supra) is concerned,
    this Court finds that the judgment passed in the said
    case has been affirmed in the intra-Court appeal by the
    Division Bench. Identical cases have also been disposed
    of by Division Bench(es) of this Court.

    19. In the wake of aforesaid discussions and reasons
    ascribed on facts and in law, the interlocutory
    application, being I.A. No.1168 of 2026, is dismissed.
    Consequently, the writ appeal bearing W.A. No.435 of
    2026 stands dismissed. Pending interlocutory
    application(s), if any, shall be deemed to have been
    disposed of.

    (HARISH TANDON)
    CHIEF JUSTICE

    Signature Not Verified (MURAHARI SRI RAMAN)
    Digitally Signed
    Signed by: LAXMIKANT MOHAPATRA
    JUDGE
    Designation: SENIOR High Court of Orissa, Cuttack
    STENOGRAPHER
    Reason: Authentication
    Location: High Court of Orissa,
    The 6th July, 2026//MRS/Laxmikant
    Cuttack
    Date: 08-Jul-2026 13:36:09
    W.A. No.435 of 2026 & I.A. No.1168 of 2026 Page 87 of 87



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