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2015 Supreme(All) 907

SUDHIR AGARWAL, SHASHI KANT
STATE OF U. P. – Appellant
Versus
RAM PRASAD – Respondent


Advocates:
Counsel :
S.C. for the Appellant; R.P.S. Yadav for the Respondents.

JUDGMENT

Order on Delay Condonation Application

By the Court.—Heard learned Standing Counsel for the applicants-appellants and perused the record.

2. This is an application seeking condonation of delay in filing the appeal which is reported to have been filed with a delay of 337 days. The appeal is directed against judgment and order dated 9.11.1995 passed by District Judge, Bulandshahar in Land Acquisition Reference No. 415 of 1991.

3. Delay has been sought to be explained in the affidavit accompanying this application by stating that the certified copy of the judgment was made available on 5.1.1996 and the opinion of D.G.C. (Civil) was received on 6.2.1996. The reference was made to Executive Engineer with regard to proposal of filing appeal and permission was received on 26.4.1996. On 14.8.1996 the matter was referred by Special Land Acquisition Officer to Statement Government and permission from Government was granted vide letter dated 7.10.1996. However, the appeal has been filed in February, 1997, i.e., after about four months from the date of permission, without giving explanation therefor. The entire explanation apparently is perfunctory, shallow and shows sheer recklessness
































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