Chhattisgarh High Court

Administrative procedural delays do not constitute "sufficient cause" for condoning government-led limitation defaults.

UNION OF INDIA vs AFTAB AHMED MALIK

Chhattisgarh High CourtJUDGMENT: June 29, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The Appellants (Union of India and CRPF authorities) filed a writ appeal against a judgment dated 29.10.2025.

Source reference: para. 7

Accompanying the appeal was I.A. No. 02/2026, an application seeking condonation of a 128-day delay in filing the appeal.

Source reference: para. 1

The Appellants contended the delay was due to administrative hurdles, including obtaining records, securing departmental approvals, and seeking legal opinions.

Source reference: para. 2

The Respondent opposed the application, arguing a lack of "sufficient cause".

Source reference: para. 3
02

Issues

Whether the administrative and bureaucratic delays cited by the Government constitute "sufficient cause" for condoning a 128-day delay under the law of limitation.

Source reference: para. 7-8
03

Law Applied

Section 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006, which prescribes a 45-day limitation period for filing appeals.

Source reference: para. 7

Postmaster General v. Living Media India Ltd. (2012), which established that government departments cannot claim a separate period of limitation or cite bureaucratic "red-tape" as a valid excuse for negligence.

Source reference: para. 4

State of Madhya Pradesh v. Ramkumar Choudhary (2024), which held that "sufficient cause" must be established by events occurring within the limitation period and that condonation is an exception, not an anticipated benefit for the State.

Source reference: para. 5
04

Reasoning

The Court observed that the Appellants failed to provide a day-to-day explanation for the 128-day delay beyond the statutory 45-day limit.

Source reference: para. 7

It reasoned that the reasons provided—routine administrative procedures and seeking legal opinions—were "general in nature" and did not meet the threshold of "sufficient cause".

Source reference: para. 7-8

The Court emphasized that the Union of India possesses a structured legal framework and is expected to act with greater diligence.

Source reference: para. 9

Following Supreme Court precedents, the Court held that the law of limitation binds the State equally to private litigants, and bureaucratic methodology cannot be used to bypass statutory rigors unless exceptional circumstances are proven.

Source reference: para. 6, 8
05

Holding

The Court answered the issue in the negative, finding no satisfactory explanation for the prolonged delay.

The Court rejected I.A. No. 02/2026 for condonation of delay and, consequently, dismissed the writ appeal as barred by limitation and laches.

Source reference: para. 10
Chhattisgarh High Court

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UNION OF INDIAvsAFTAB AHMED MALIK

Chhattisgarh High Court · June 29, 2026

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