JUDGMENT :

1. Though the case is listed for orders we find that there is long and unexplained delay of 1664 days in filing the appeal. In order to explain delay, all that has been stated in the application is as below:

"2. That it is humbly submitted that the copy of the order/judgment dated 08.01.2016 was obtained. Thereafter, Revenue Department (Group-7) Jaipur, had wrote a letter dated 07.10.2015, to District Collector, Rajsamand pertaining to file an appeal against the said order not. Thereafter District Collector had written a letter dated 28.10.2015 to Tehsildar, Rajsamand who is the officer in Charge, pertaining to file an appeal against the order dated 03.12.2014 or not?

3. That thereafter Tehsildar written a letter dated 27.11.2015 to Shri O P Boob Govt. Counsel for giving the advice in the said matter as to appeal can be filed against order dated 03.12.2014 or not.

4. That thereafter once again a letter dated 22.12.2015 was sent by Revenue Department, Group-7, Jaipur to District Collector in respect to present controversy asking as to appeal should be file in the present matter of not.

5. That once again District Collector had written a letter dated 19.01.2016 to Tehsildar, Rajsamand who is the officer in Charge, with respect to filing of the file in the present matter.

6. That thereafter Shri O.P. Boob Govt. Counsel vide its letter dated 20.01.2016 addressing to District Collector, Rajsamand had apprise that the impugned judgment/order has been passed in reference to the judgment passed by the Hon'ble Court in the matter of Srikishan. Further the certified copy of the impugned order dated 03.12.2014 had been received on 11.01.2016.

7. That District Collector had written a letter dated 19.11.2016, 23.11.2015 & 11.01.2016 to Tehsildar, Rajsamand who is the officer in Charge, with respect to filling of the file in the present matter.

8. That thereafter Tehsildar vide its letter dated 22.01.2016 had apprised the District Collector about the advice/opinion given by the Govt. Counsel and with copy of Srikishan judgment dated 10.10.2007 was also appraised.

9. That thereafter the Standing Committee in its meeting dated 30.05.2016 had taken a stand for not filing an appeal in the present matter.

10. That thereafter vide order dated 10.02.2010 of Administrative Reforms Department, wherein Standing Committee meeting was convened, presided over by Secretary Revenue and Colonisation Department and the decision to file an appeal in the said case was taken.

11. That thereafter a letter dated 01.10.2018 was sent to District Collector, Rajsamand by State Govt. Colonisation Department for filling an appeal in the said matter.

12. That thereafter a letter dated 12.10.2018 was sent/written by District Collector, Rajsamand to officer in Charge Tehsildar, Rajsamand for appointing the Govt. Advocate in the present matter. Thereafter in the month of December, the Tehsildar was engaged by the State in contesting the Election, so therefore the appeal could not be processed.

13. That thereafter vide letter dated 03.04.2019, Senior Assistant was given direction to go take instruction from Learned AAG for carrying out the fresh proceedings. Ultimately we have received instruction and a copy was served on 08.08.2019, were upon instruction was given to concern person to complete file and get the answers for the particular quires asked.

14. That, ultimately vide communication dated 22.08.2019 issued by District Collector, Rajsamand, wherein instruction were given to the office of AAG appearing for Colonisation Department for preparing file and contesting in the instant matter. The complete record of the case was provided in the office of AAG 26.08.2019. Thereafter the appeal was prepared in minimum possible reasonable time. Thus, the delay in filing the appeal is procedural and inadvertent one.

15. That under these circumstances, the delay occasioned in filing the instant appeal is an inadvertent one and is purely on account of procedural delay."

2. In two recent