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Andhra Pradesh High Court
Judges : MOTILAL B.NAIK
Special Deputy Collector, L.A., Unit-V, S.R.S.P., Karimnagar - Appellant
Versus
E.Laxma Reddy - Respondent
Decided On : 09-25-95
LAND ACQUISITION - DELAY IN REPRESENTING APPEAL - CONDONATION - INHERENT POWERS OF COURT - SECTION 151 CPC - PUBLIC INTEREST - ACTION AGAINST ERRING OFFICIALS - SECTION 5 LIMITATION ACT, 1963.
Fact of the Case:
The Special Deputy Collector, L. A. , Unit-V, S. R. S. P. , Karimnagar, filed an appeal against the order of the Civil Court in O. P. No. 263/85 dated 5-5-89. The appeal was returned by the Registry for compliance with certain objections. The appellant took more than six years to comply with the objections and re-present the appeal. The appellant filed an application under Section 151 of the CPC seeking to condone the delay.
Finding of the Court:
The court held that the delay in re-presenting the appeal was abnormal and could not be condoned. The court also held that the appellant's attempt to condone the delay by invoking the inherent powers of the court under Section 151 of the CPC was an attempt to nullify the provisions contemplated under the Limitation Act. The court further held that the appellant's callous attitude in causing the delay was a step in the direction of abusing the process of the Court.
Issues: 1. Whether the delay in re-presenting the appeal could be condoned under Section 151 of the CPC? 2. Whether the appellant's attempt to condone the delay was an attempt to nullify the provisions contemplated under the Limitation Act? 3. Whether the appellant's callous attitude in causing the delay was a step in the direction of abusing the process of the Court?
Ratio Decidendi: 1. The court held that the delay in re-presenting the appeal was abnormal and could not be condoned. The court also held that the appellant's attempt to condone the delay by invoking the inherent powers of the court under Section 151 of the CPC was an attempt to nullify the provisions contemplated under the Limitation Act. The court further held that the appellant's callous attitude in causing the delay was a step in the direction of abusing the process of the Court. 2. The court held that the appellant's attempt to condone the delay by invoking the inherent powers of the court under Section 151 of the CPC was an attempt to nullify the provisions contemplated under the Limitation Act. The court held that the Limitation Act provides a specific mechanism for condoning delays in filing appeals, and that the appellant should have filed an application under Section 5 of the Limitation Act instead of invoking the inherent powers of the court under Section 151 of the CPC. 3. The court held that the appellant's callous attitude in causing the delay was a step in the direction of abusing the process of the Court. The court held that the appellant had shown a complete disregard for the rules and procedures of the court, and that his actions had caused unnecessary inconvenience and expense to the other parties involved in the case.
Final Decision: The court dismissed the appellant's application for condonation of delay and directed the Commissioner, Land Revenue, Government of Andhra Pradesh to hold an enquiry and initiate appropriate action against the officials responsible for the delay.
( 1 ) THIS is an application filed under Section 151 CPC seeking to condone the delay of 2108 days in representing the above appeal.
( 2 ) PETITIONER in this C. M. P. No. 11954 of 1995 is the Special Deputy Collector, la. , Unit-V, S. R. S. P. , Karimnagar. The Land Acquisition Officer initiated land acquisition proceedings for the purpose of excavating the Sriramsagar Project canal by issuing 4 (1) Notification under Land Acquisition Act on 8-8-1985. The land owners though claimed that the lands are fertile, they were raising commercial crops like Maiza, Chillies, green-gram and ground-nuts and were getting Rs. 2,000/- net income per acre and they claimed the value could be between Rs. 15,000/- to Rs. 20,000/- per acre, however, the Land Acquisition officer determined the compensation at Rs. 4,500/- per acre.
( 3 ) AS against the award passed by the Land Acquisition Officer, the land owners sought reference under Section 18 of the Land Acquisition Act before the appropriate Civil Court and was adjudicated by the Subordinate Judge, karimnagar in O. P. No. 263 of 1985 and disposed of by an order dated 5-5-1989 enhancing the compensation from Rs. 4,500/- to Rs. 7,500/- per acre apart from granting other benefits in accordance with the provisions of the Act.
( 4 ) AS against the decree in O. P. No. 263/85, dated 5-5-89, the Land acquisition Officer, i. e. , the Special Deputy Collector, who is the petitioner herein has preferred an appeal before this Court on various grounds. It is seen from the recordsavailable before this Court that the appeal was presented to the registry of this Court on behalf of the Special Deputy Collector, L. A. , Unit-V, s. R5. P. , Karimnagar through the Government Pleader of High Court on 25-9-1989. The Registry raised objections and returned the said appeal bundle to the Government Pleader s Office for re-submitting the appeal within a specified time. The appeal was returned on 23-10-1989. The objections raised are as under: (1) full and complete grounds of appeal should be filed; (2) complete cause title should be furnished; (3) Data should be paid; (4) Typed copies of judgment, decree, duplicate grounds copies; (5) Notice forms, covers, dockets, acknowledgment forms should be filed along with the appeal grounds.
( 5 ) AS seen from the objections raised by the Registry, the Land Acquisition officer while filing the appeal, failed to furnish the above details along with the appeal which are relevant for the purpose of taking on record and placing before the Court for admission and further appropriate orders. However, the objections as pointed out by the Registry on 23-10-1989 were complied only on 11-8-1995 by the appellant and the appeal was re-submitted on 11-8-1995 which fact is evident from the entries made on the appeal by the Registry. Thus, there is a delay of 2108 days in complying with the objections raised by the Registry while re-presenting the appeal in the Registry.
( 6 ) THE appellant, however, has filed the present application under Section 151 of C. P. C. seeking to condone the delay of 2108 days in re-presenting the appeal. The affidavit filed in support of the delay condonation petition is by one sir M. V. Krishna Rao, Special Deputy Collector, L. A. Unit-V, S. R. S. P. , karimnagar. In the affidavit, it is averred thus:"i submit that the above appeal was filed before this Hon ble Court against the judgment and decree of the learned Subordinate Judge, Karimnagar dated 5-5-1989 passed in O. P. No. 263 of 1985. The said appeal was returned by the Registry of the Hon ble High Court, for complying with certain office objections on 23-10-1989. Thereupon, the Special Officer, govt. Pleaders Office through their letter dated 22-9-1989 has required this office to send the material papers, which was received by this office on 24-9-1989. As desired by them, the material papers were sent to the Special officer, G. Ps. Office, through this office letter dated 28-12-1994 and t
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