1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. C.A.Z. No. 655/2010 in L.P.A. St. No. 13657/2010 in WRIT PETITION NO. 3745/2007 (D) (Govt. Milk Scheme, through Regional Dairy Development Officer and ors. .vs. Ramesh Raghunath Adhav and ors. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. N.S. Khubalkar, AGP for Applicants/Appellants. Mr. S.I. Khan, Advocate for Respondents .......... CORAM : S.A. BOBDE & P.D. KODE, JJ. DATED : DECEMBER 1, 2010 Heard. It seems that after judgment was delivered by the learned Single Judge on 18.7.2009, the applicants applied for certified copy of the judgment on 27.7.2009 which was received on 6.8.2009. We do not see any reason why the applicants time and again make an application for certified copy of the judgments of the learned Single Judge in order to file letters patent appeal when such a certified copy is not necessary for filing L.P.A. vide Chapter VI Rule 2 of the Bombay High Court Appellate Side Rules, 1960 which reads as follows: 2 “2. Accompaniments to appeal – A Letters Patent Appeal shall be accompanied by the following papers:- (i) A typed copy of the memorandum of the Letters Patent Appeal. (ii) Two typed copies of the memorandum of the original appeal. (iii) If the Letters Patent Appeal is from the decision of an application, two typed copies of the application. (iv) If the Letters Patent Appeal is from an appellate decision, two types copies of the lower Court’s judgments. (v) To typed copies of the judgment of this Court where judgment has been delivered.” Thereafter it appears that time was consumed in obtaining opinion from the Government Pleader for filing a L.P.A. After obtaining such opinion, it was sent to the Regional Dairy Development Officer, Nagpur and applicant no.2 after removal of certain objection, sent the proposal to the Government for sanction on 22.10.2009. The sanction was not received till 3.1.2010. In the meanwhile, the applicants have applied for extention of time to the learned Single Judge which was 3 extended for 2 months by order dated 2.2.2010 subject to payment of costs of Rs.2000/-. Eventually by the letter of the Law & Judiciary Department dated 22.6.2010, the relevant documents were submitted to the Government Pleader and the appeal was drafted and filed in this Court. Most of time was consumed in the administrative delay involved in obtaining the sanction for filing a L.P.A. The procedure seems to have taken an inordinate long time in spite of the fact that the applicants, all the Officers and the Government Pleader’s Office are well interlinked by means of telephones, fax machines, inter-net in addition to the usual old system of delivery by couriers. It may be noted that the period of limitation prescribed by law is a period which was considered to be reasonable when the Law of Limitation was enacted and modern method of communication was not available. Now, there is no reason why the period of limitation should be exceeded time and again by Departments of the Government to which such methods are available. In the circumstances, the delay is filing a L.P.A. is condoned subject to payment of cost of Rs.1,000/- to each of the respondents. JUDGE JUDGE halwai