Jammu, Feb 14: The Government of Jammu and Kashmir has issued a comprehensive order constituting Divisional and Administrative Level Committees for monitoring litigation across the Union Territory and ensuring strict compliance with limitation provisions while filing Appeals, LPAs, Writ Petitions, SLPs and other applications before courts.
The order, Government Order No. 2048–JK (LD) of 2026, was issued by the Department of Law, Justice and Parliamentary Affairs in continuation of Administrative Council Decision No. 35/4/2021 dated 10-03-2021 and in light of the judgment dated 12.09.2025 passed by the Supreme Court of India in Shivamma (Dead) by LRs v. Karnataka Housing Board & Others, Civil Appeal No. 11794 of 2025 (2025 INSC 1104).
The Government observed that references seeking sanction for filing Appeals, LPAs, Writ Petitions, SLPs and other applications are frequently being sent to the Law Department at the fag end, often after expiry of the prescribed limitation period. Such delays necessitate filing of condonation applications, which are reportedly drafted in a casual and vague manner without material particulars or valid and plausible reasons.
The order notes that matters are not being handled with the seriousness and promptitude required, despite strict timelines involved. A casual and lackadaisical approach by departments has resulted in avoidable delays, filing of belated appeals along with condonation applications and, in certain cases, dismissal of matters solely on limitation grounds, thereby causing grave prejudice to the interests of the Union Territory.
The Law Department recalled that pursuant to Administrative Council Decision No. 35/4/2021, it had earlier issued Government Orders No. 1673-JK(LD), 1675-JK(LD), 1676-JK(LD), 1677-JK(LD) and 1678-JK(LD) of 2021 dated 24.03.2021, clearly delineating duties, responsibilities and timelines for Officers In Charge Litigation (OIC), Law Officers and Government Counsels. The Hon’ble High Court of J&K and Ladakh has also issued directions from time to time for streamlining government litigation, and circular instructions/SOPs were framed to arrest delays in filing appeals.
Referring to the Limitation Act, 1963, the Government emphasized that the Schedule appended to the Act prescribes strict timelines for filing appeals and applications. Section 5 of the Limitation Act grants discretionary power to courts to admit delayed appeals only if “sufficient cause” is shown.
Citing the Supreme Court judgment in Shivamma (Dead) by LRs v. Karnataka Housing Board & Others, the Government highlighted that the Apex Court has held that the expression “within such period” under Section 5 covers the entire period from commencement of limitation until actual filing of the appeal or application. The Court further ruled that delay can be condoned only where sufficient cause existed throughout the entire period, and that the State and its instrumentalities cannot seek leniency on grounds of administrative delays, file movement or official negligence.
The Supreme Court observed that the law of limitation must be applied with full rigour and that condonation entails extension of limitation and not its exclusion.
In view of the legal position, the Government directed that litigation must be handled with utmost seriousness and promptness, and immediate steps must be taken upon receipt of judgments either for implementation or for assailing the same within statutory timelines with approval of the Competent Authority.
Key Guidelines Issued
The Government laid down detailed guidelines for strict compliance:
Certified Copy on Same Day: Government Counsels must apply for certified copies of judgments on the same day of pronouncement. Upon receipt, the order must be forwarded to the Law Department/Directorate of Litigation (Jammu/Kashmir) indicating the date of application, date of receipt, and a concrete opinion on merits regarding filing of appeal or implementation, with clearly recorded reasons.
Divisional Level Committee: Upon passing of any judgment involving a Government Department, a Divisional Level Committee comprising:
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Director Litigation Jammu/Kashmir
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Deputy Director/Assistant Director Litigation in concerned Directorate
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Law Officer posted in concerned Department
shall examine the judgment, forward it with limitation details, upload it in JKLMS in prescribed format and follow up with the department regarding decision. The Committee shall hold fortnightly meetings and furnish prescribed statements to the Law Department.
Departmental Examination & Timeline: The Law Officer in the concerned department, in consultation with OIC Litigation, must place the matter before the Competent Authority within stipulated time, keeping limitation in view. Where appeal is proposed, the file must be forwarded to the Law Department at least one month before expiry of limitation, clearly reflecting:
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Date of Judgment/Order/Award
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Limitation Period
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Expiry of Limitation
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Period of Delay, if any
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Reasons for Delay
Files lacking these details will not be entertained.
Immediate Processing by Law Department: Upon receipt, the Law Department shall process the matter promptly and convey decision after approval of the Competent Authority.
Responsibility for Filing Appeals: Once sanction is accorded, the concerned department shall immediately file the appeal/writ/LPA/SLP before the Hon’ble High Court or Supreme Court, as the case may be. Any laxity will entail action against responsible persons. OIC Litigation and concerned Law Officers, from administrative to subordinate level, shall be responsible for handing over records and ensuring timely filing. Mere forwarding of sanction will not absolve responsibility. Lapses will attract action and be reflected in APRs.
Administrative Level Committee: After sanction, an Administrative Level Committee comprising:
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Special Secretary to Government, Law Department
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Director Litigation Jammu/Kashmir
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Government Counsel representing concerned department
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Law Officer of concerned department
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Law Officer dealing with concerned litigation section in Law Department
shall ensure filing without delay and submit monthly reports to the Commissioner/Secretary, Law Department indicating date of judgment, date of sanction, date of filing, delay if any and reasons thereof.
No Casual Condonation Applications: In exceptional cases of delay, condonation applications must not be drafted casually. Government Counsels must carefully draft such applications, identifying specific causes of delay based on inputs from OIC/Law Officers and detailing all material particulars.
Accountability & Action: Any delay by OIC/Law Officer/engaged counsel shall be reported by the Divisional Level Committee to the Administrative Level Committee with recommendations for action. Negligence will attract appropriate action under rules, including adverse remarks in APRs.
The Government directed that these instructions shall be implemented strictly in letter and spirit to safeguard Government interests and ensure compliance with statutory timelines.
The order was issued by Commissioner Secretary to Government, Department of Law, Justice and Parliamentary Affairs, Achal Sethi. (KDC)
