IMPORTANT POINT
A liberal view should be taken on question of condonation.

Judgment

RANJAN GOGOI, J.

1. Leave granted.

2. Though the only issue that arises in this appeal is with regard to the correctness of the order dated 12.11.2008 passed by the Division Bench of the Rajasthan High Court declining to condone the delay that had occurred in the institution of Special Appeal Writ No.02033 of 2007 by the appellant, a brief conspectus of the relevant facts would be appropriate.

3. An order of eviction dated 17.12.1980 under the Rajasthan Public Premises (Eviction of Unauthorized Occupants) Act, 1964 was passed by the Estate Officer against the respondent (Now represented by his legal heirs). The respondent was unsuccessful in the challenge made against the said order in an appeal before the learned District Judge. Thereafter, the respondent filed an application for review which was transferred to the court of learned Additional District Judge who heard the matter and decided the same on 17.12.1993 as if he was hearing an appeal against the initial order of the Estate Officer dated 17.12.1980. The State of Rajasthan, therefore, moved Civil Writ Petition No.3503 of 1995 before the High Court which was dismissed by the learned Single Judge holding that the tenancy of the respondent could not be determined except by following the provisions of Sections 106 and 111 of the Transfer of Property Act, 1882, as already held in another connected case.

4. Aggrieved by the said order of the learned Single Judge of the High Court dated 19.05.2006, D.B. Special Appeal Writ No.02033 of 2007 was filed by the State on 08.11.2006. The office reported a delay of 98 days in filing of the appeal. Considering the explanation furnished by the State for the delay that had occurred, the Division Bench took note of the statement made by the appellant in the condonation application that the appeal was filed on 02.11.2006 whereas it was actually filed on 08.11.2006. The Division Bench, therefore, thought it proper to conclude that the period of six days between 02.11.2006 and 08.11.2006 had not been explained. Accordingly, the delay in filing the D.B. Special Appeal Writ was not condoned. Resultantly, the appeal was dismissed. Aggrieved, the State has filed the present appeal.

5. We have heard Dr. Manish Singhvi, learned Additional Advocate General of Rajasthan for the appellant and Shri Shiv Sagar Tiwari, learned counsel for the respondent.

6. Learned counsel appearing for the appellant has urged that mention of the date 2.11.2006 as the date of filing of the appeal was inadvertent. Alternatively, it is contended that even if it is assumed that the State had failed to offer any explanation for filing the appeal on 08.11.2006 after making a statement that the same was filed on 02.11.2006, the period of six days' is too insignificant to justify the view taken by the High Court. Learned counsel has also tried to take us to the merits of the appeal filed by the State to show that the order of the learned Single Judge under challenge in the appeal is ex-facie incorrect being contrary to several pronouncements of this Court. It is, therefore, urged that the impugned order would justify interference so as to ensure that the Appeal filed by the State is heard on merits.

7. On the other hand, learned counsel appearing for the respondent has submitted that the learned Single Judge while passing the order dated 19.05.2006 in the Civil Writ Petition No.3503 of 1995 had exercised jurisdiction under Article 227 of the Constitution. Under the provisions of the Rajasthan High Court Ordinance 1949 and the Rules framed thereunder providing for intra court appeals, appeals are not contemplated against orders passed by a learned Single Judge in exercise of jurisdiction under Article 227. On the aforesaid basis it is submitted that the D.B. Special Appeal filed by the State before the High Court was not maintainable. The initial order of the learned Single Judge dated 19.05.2006 not being subject to any challenge in the present appeal before this Court, no i