Honble Mathur, J.–We have heard Mr. C.L. Jain, learned counsel for the State and Mr. M.S. Singhvi, learned counsel for the respondent.

(2). At the outset, it may be pointed out that appeal is barred by limitation of 480 days. The application under Section 5 of the Limitation Act has been filed supported by the affidavit of Shri Govind Singh Deora, Tehsildar, Pindwara. It is averred that copy of the order dated 17.9.1999 was received in his office on 25.10.1999 from the counsel appearing for the State and the same was sent to the Collector, Sirohi on 6.11.1999 who in turn after examining the case ordered for filing the appeal on 21.2.2000. Thereafter, the panel lawyer was contacted. For certain reasons, the case was thereafter entrusted to Shri C.L. Jain, Panel Lawyer who presented the appeal on 17.2.2001. No satisfactory explanation has been given as to why the papers were retained by the Collector for a period of 6.11.1999 to 21.2.2000 i.e., for more than 3 & 1/2 months. Papers were entrusted to the counsel on 2.6.2000 but the appeal was filed as late as on 17.2.2001. There is no explanation for retaining the papers with the counsel for more than eight months.

(3). We have also exam

Click Here to Read the rest of this document