G. P. MATHUR, A. C. J. AND ASHOK BHUSHAN, J.

( 1 ) WE have heard Sri Ranvijai Singh, learned Standing Counsel for the appellants, Sri H. N. Singh for the contesting respondents and have perused the affidavits.

( 2 ) ACCORDING to Office report there is delay of six years thirty days in filing the appeal. It is averred in the affidavit that that the impugned order of the learned Single Judge was passed on 28. 5. 1995 without any counter affidavit having been filed as notice of the writ petition was not served on the department. After coming to know of the impugned order a recall application duly supported with an affidavit, was filed on 2nd April, 1996. Thereafter, an application for early listing of the recall application was filed on 8th May, 2000. However, as fee writ petitioner filed a contempt petition, the present Special Appeal has been filed. Sri H. N. Singh has submitted that there is inordinate delay in filing the appeal and every days delay has not been explained. In our opinion. , in the facts and circumstances of the case, the delay in filing the appeal deserves to be condoned. In G. Ramegowda v. The Special Land Acquisition Officer, Bangalore, AIR 1988 supreme Court 897

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