Hon’ble Sanjay Misra, J.—Heard Sri Aditya Narayan, learned counsel for the respondent and Sri Shreesh Chandra, learned Standing Counsel for the appellant.

2. This is an application under Section 5 of the Indian Limitation Act to condone the delay of 167 days in filing this first appeal under Section 54 of the Land Acquisition Act. This application is supported with an affidavit. Counter and rejoinder affidavits are available on record.

3. Various reasons have been given in the affidavit for showing sufficient cause in condoning the delay by saying that the certified copy of the judgement and decree dated 18.3.1991 was applied by the appellant through District Government Counsel (Civil), Varanasi on 18.4.1991, which was ready on 26.4.1991 and was delivered to District Government Counsel on 30.4.1991. The District Government Counsel gave his opinion on 1.5.1991 and sent the same to the office of the Special Land Acquisition Officer, which was received there on 9.5.1991. The Collector, informed the Executive Engineer, Irrigation Division, Jaunpur on 14.5.1991 regarding filing of the appeal, which was received back in the office of the Special Land Acquisition Officer on 21.6.1991. A letter was sent alongwith file to the District Magistrate on 22.6.1991 and it was returned after signature of the District Magistrate to the office of the Special Land Acquisition Officer on 25.6.1991. The Special Land Acquisition Officer sent the papers alongwith file to the Joint Secretary, Revenue-13 Department, Lucknow for obtaining instruction for filing the appeal vide letter dated 1.7.1991 and the Joint Secretary, Revenue-13 Department, Lucknow made some queries vide letter dated 31.7.1991, which was received in the office of the Special Land Acquisition Officer on 14.8.1991 and were replied by the office of the Special Land Acquisition Officer on 23.8.1991. The Joint Secretary, Revenue-13 Department, Lucknow thereafter sent the file to the Law Department, U.P. Lucknow and the Law Department vide order dated 20.9.1991 granted permission for filing the First Appeal against the judgement and decree dated 18.3.1991. The permission was received by the Special Land Acquisition Officer on 15.10.1991, whereafter he required the Executive Engineer, Varanasi to deposit the amount of Court Fee for filing the first appeal. After collecting necessary amount of Court Fee and the records, Sri Mohd. Nadeem Khan posted as Amin in the office of the Special Land Acquisition Officer, Varanasi was sent on 11.12.1991 to file the appeal and he contacted the office of the Chief Standing Counsel at Allahabad on 12.12.1991. The appeal was drafted and reported on 20.12.1991 and presented on 2.1.1992.

4. In the counter affidavit, the aforesaid reasons have been seriously contested by saying that the file was moving between various offices of the Government, which were not connected with filing of the appeal and even the Court Fee was purchased by the Irrigation Department and not by the Special Land Acquisition Officer on 11.12.1991, whereas the official came to file the appeal at Allahabad on 11.12.1991. He states that the aforesaid averments in the affidavit are, therefore, incorrect and no sufficient reasons have been given to condone the delay.

5. In the rejoinder affidavit, the averments have been controverted and it has been stated that the Amin in the office of the Special Land Acquisition Officer was acquainted with the records of the case as also of the department and he was the best person to file the affidavit for condonation of delay.

6. Learned counsel for the respondent has referred to a Division Bench decision of this Court in the case of U.P. State Road Transport Corporation, Aligarh v. State of U.P. and others, 1995 (25) ALR 24 and has referred to paragraph 3 therein to state that the delay has to be explained and the circumstances under which the various authorities of the State did not deal with the matter expeditiously and were required to kee