RANCHI, India, Feb. 25 -- Jharkhand High Court issued the following order on Jan. 27:

1. The present interlocutory application has been filed on behalf of the appellants under Section 5 of the Limitation Act, 1963 for condonation of delay of 206 days in filing the instant letters patent appeal, challenging the order/judgment dated 23.08.2024 passed by the learned Single Judge in W.P.(C) No.2854 of 2024.

2. The learned counsel for the appellants submits that after passing of the impugned judgment dated 23.08.2024, the clerk of the Jharkhand State Housing Board, Ranchi (in short 'the Board') forwarded the file to the Law Officer of the Board adding notes that the file could be sent to the Executive Engineer, Ranchi Division of the Board for compliance of the judgment dated 23.08.2024. Thereafter, the Law officer forwarded the file along with copy of the judgment dated 23.08.2024 to the Secretary of the Board with similar noting for compliance of the said judgment.

3. It is further submitted that the file was again moved from the level of clerk to the Managing Director of the Board for taking decision in the matter i.e., either to comply the judgment of the writ Court or to file letters patent appeal. Thereafter, the decision was taken to file L.P.A. in the said matter and the file was sent to the office of the Panel Advocate on 04.03.2025 for drafting the memo of appeal.

4. It is also submitted that some time was consumed in arranging requisite documents for drafting the memo of appeal, which were obtained and provided to the Panel Advocate on 20.03.2025. Subsequently, the memo of appeal was drafted by the Panel Advocate on 27.03.2025, which was further sent to the Board for its approval and finally the instant letters patent appeal was filed on 17.04.2025.

5. According to learned counsel for the appellants/applicants, the delay caused in filing the instant appeal is neither intentional nor deliberate but due to the reasons beyond the control of the appellants. The appeal has the merit which contains good grounds for assailing the impugned judgment and, therefore, the delay of 206 days caused in filing the instant appeal may be condoned.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x7rW3zN9AfMlN91VIKxUlkhXaE4LW%2FDGNPnMvrB%2BDD1G&caseno=LPA/513/2025&cCode=1&cino=JHHC010132102025&state_code=7&appFlag=)

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