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1997 Supreme(Kar) 427

G.C.BHARUKA, V.GOPALA GOWDA
ASSISTANT COMMISSIONER, BAILHONGAL – Appellant
Versus
JYOTEPPA – Respondent


Advocates:
C.S.KOTHAVALE

( 1 ) THIS belated appeal has been filed by the Assistant commissioner, Bailhongal, representing the State of Karnataka under section 54 (1) of the Land Acquisition Act, 1894. The delay in filing the appeal is of 148 days. Now, an application has been filed for condonation of the said delay.

( 2 ) THE affidavit has been sworn by the Section Officer, Law department, (Lit-II), Vidhana Soudha, Bangalore, stating therein that the date of judgment and award passed by the learned Civil Judge, gokak was on 12. 6. 1995 and though certified copy of the judgment and award was received by the Additional Government Pleader well within the period of limitation and claimed to have been forwarded to the Law Department, under his letter dated 13. 7. 1995, the same is claimed to have been received by the department only on 29. 9. 1995 i. e. almost after a lapse of more than two months. Then, on 4. 10. 1995 it was given to the concerned case worker, who got intermingled the same with other files and lost track of the same, thus, taking a plea of misplacement of the file. Subsequently, the divisional Commissioner requested the department to look into the matter. The letter of the Divisional Commissio
















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