S.C. Das, J.

1. By this application, filed under Article 227 of The Constitution of India, the petitioner, named above, sought for setting aside and/or revising the order, dated 28.07.2012, passed by the Secretary, Revenue Department, Government of Tripura, in Case No. Misc. Appl. 1/2011. Facts, as projected, may be summarized thus:

The petitioner approached Sub-Divisional Magistrate (for shot SDM), Sadar, Agartala by filing an application under Article 187 of Tripura Land Revenue and Land Reforms Act, 1960 (for short TLR & LR Act) seeking restoration of land illegally transferred to the possession of the respondent That application before the SDM was registered as Case No. 1/R/09 under Section 187 of TLR & LR Act. After hearing both side, by a details judgment & order, dated 31.03.2010, the petition for restoration was dismissed.

Challenging the order, dated 31.03.2010, passed by SDM, petitioner preferred an appeal under Section 93(1)(b) of TLR & LR Act along with an application under Section 94(1)(a) of the said Act seeking condonation of delay of 76 days in filing the appeal before the Collector, West Tripura, Agartala. The prayer so made before the collector was registered as Revenue Case No. 337 of 2010 and the learned Collector, by impugned order dated 05.08.2011, refused to condone the delay on the ground that the delay in filing the appeal has not been explained to the satisfaction of the Court and accordingly, the appeal was not entertained.

Challenging that order, dated 05.08.2011, passed by the Collector, the petitioner preferred an appeal under Section 93(1)(c) of the TLR & LR Act before the State Government and the Secretary to the Revenue Department, Government of Tripura, after hearing both side, by impugned order dated 28.07.2012, upheld the order of the Collector, dated 05.08.2011 and accordingly, dismissed the appeal.

Being unsuccessful before the SDM, appellate authority (DM & Collector) and the State Government (Secretary to the State Government) the petitioner now filed the present application under Article 227 of the Constitution seeking redress challenging the orders, passed by the Collector as well as the Secretary to the Government, as aforesaid.

2. Heard learned senior counsel, Mr. A.K. Bhowmik assisted by learned counsel, Mr. R. Datta for the petitioner and learned senior counsel, Mr. K.N. Bhattacharjee assisted by learned counsel, Mr. S. Acharjee for the respondent.

3. The following points emerged for decision in this writ petition.

(i) Whether the petition, filed by the petitioner, before the Collector for condonation of delay under Section 94(1)(a) of the TLR & LR Act, can be treated as one under Section 5 of the Limitation Act?

(ii) Whether the appeal, filed before the State Government under Section 93(1)(c) challenging the order, passed in Revenue Case No. 337/2010, by the Collector, West Tripura, Agartala, was maintainable?

(iii) Whether the decision of the Collector in refusing the prayer for condonation of delay was perverse or beyond jurisdiction?

(iv) Whether the order, passed by the Secretary to the Government of Tripura, affirming the order of Collector was perverse or beyond jurisdiction?

(v) Whether the impugned judgment & order, passed by the Secretary to the Government of Tripura, affirming the order of Collector was liable to be interfered by this Court under Article 227 of the Constitution of India?

(vi) Whether the provision of Section 5 of the Limitation Act shall apply in a revenue appeal in view of the law of limitation prescribed in Section 94 of the TLR & LR Act?

4. Decision on Point Nos. (i) and (ii).

Learned senior counsel, Mr. Bhowmik has submitted that the petitioner challenging judgment and order dated 31.03.2010, passed by the SDM, Sadar, Agartala, West Tripura, filed an appeal under Section 93(1)(b) of the TLR & LR Act along with a separate application under Section 94(1)(a) of the said Act praying for condonation of delay of 76 days in filing the appeal. According to learned