Union Territory of J and K and Ors. (Housing and Urban Development) v. Jammu and Kashmir Sahara Foundation

ORDE R

24.11.2025 CM No. 7175/2025

¶1This is an application seeking condonation of delay of 296 days in filing LPA No. 259/2025, in which the applicants are seeking to challenge an order and judgment dated 12th November, 2024, passed by the learned Single Judge of this Court ["the writ Court"] in WP (C) No. 2961/2022.

¶2In the application, the applicants have sought to explain a huge delay of about 300 days in filing the appeal on the ground that immediately on passing of the judgment impugned, the matter was taken up with the competent authority to take a decision with regard to filing of the appeal. However, before taking any decision in the matter, it was though expedient by the applicants to go through the records available with the applicant-Corporation so that the true facts could be brought to the notice of this Court. It is submitted that because of these reasons, there was a delay of about 300 days in filing the appeal. Arif Hameed authenticity of this document

24.11.2025

¶3The application has been objected to by the respondents. In the objections, it has been submitted that the judgment was passed in the presence of the applicants and is a judgment virtually on their own admission and, therefore, they had no reason or justification to file the appeal at all. It is submitted that the reasons given for the delay do not constitute a sufficient cause which can be said to have prevented the applicants from filing the appeal within time.

¶4Having heard learned counsel for the parties and perused the material on record, we are of the considered opinion that the application seeking condonation of delay of about 300 days is devoid of any cause, much less a sufficient cause, which can be said to have prevented the applicants from filing the appeal within time. We cannot accept the explanation tendered by the applicants that it took them almost 300 days to go through the relevant records and take a decision with regard to the filing of the appeal.

¶5That apart, we have gone through the judgment passed by the writ Court and do not find any legal or factual infirmity therein. The judgment has been passed on the admission of the applicants that they owe money to the respondents on account of the works undertaken by the respondent-Foundation.

¶6For all these reasons, we find no merit in this application. The same is accordingly dismissed. Consequently, the LPA No. 259/2025 shall also stand dismissed.

(SANJAY PARIHAR) (SANJEEV KUMAR) JUDGE

JUDGE

SRINAGAR:

24.11.2025 "ARIF" Arif Hameed authenticity of this document

24.11.2025

Serial No. 25 REGULAR LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM 7175/2025 IN LPA 259/2025 UNION TERRITORY OF J&K & ORS …Petitioner/Appellant(s) Through: Mr. Bikramdeep Singh, Dy. AG with Ms Nowbahar Khan, AC Vs. JAMMU & KASHMIR SAHARA FOUNDATION ...Respondent(s) Through: Mr. Shakir Haqani, Advocate CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE