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2010 Supreme(All) 1176

SANJAY MISRA
STATE OF U. P. – Appellant
Versus
DEVI PRASAD – Respondent


Advocates:
Counsel :
B.R. Tripathi, C.S.C. for the Petitioner; Aditya Narayan for the Respondent.

JUDGMENT

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 21.6.1

































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