Supreme Court Of India
K.G. BALAKRISHNAN AND TARUN CHATTERJEE, JJ.
STATE OF H.P. AND ANOTHER - Appellants
Versus
SATYA DEVI AND OTHERS- Respondents
Civil Appeal No. 251 of 2005,
Decided on January 10, 2005
Condonation of delay in filing appeal - Delay of 55 days in filing appeal against award on reference under Section 18 - It was contended that the delay occurred due to administrative reasons and there were no wilful laches or negligence in the matter on the part of the appellant- Official of the State had filed an affidavit explaining the cause of delay-High Court erred in refusing to condone delay- Order of the High Court set aside and delay condoned- Appeal restored to its file to be disposed of in accordance with law. [Para 5]
ORDER
1. Leave granted
2. Heard learned counsel for the parties.
3. The appellant State has filed an appeal before the High Court challenging the award passed by the Additional District Judge in a land acquisition reference case. There was a delay of 55 days in filing the appeal. The learned Single Judge before whom the matter came up for consideration declined to condone the delay in filing the appeal and dismissed it. Aggrieved by the same the present appeal is filed.
4. Counsel for the appellant submitted that the delay occurred due to administrative reasons and there were no wilful laches or negligence in the e matter on the part of the appellant. The counsel for the respondent, however, opposed the contention and submitted that the High Court had dismissed other appeals on the ground of delay and the State had not come up in appeal.
5. The delay was only 55 days and the officer of the State had filed an affidavit explaining the cause of delay and there was reasonable ground for filing the application for delay and the learned Single Judge should have considered the same and granted the application for condonation of delay.
6. We set aside the order passed by the learned Single Judge and direct that delay be condoned and the appeal be restored to its file and be disposed of in accordance with law.
7. The appeal is disposed of accordingly.
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