Hon’ble Saurabh Shyam Shamshery, J.—Heard Sri Adarsh Singh, learned counsel for the appellants, Sri Avnish Kumar Srivastava, learned counsel for the respondents and learned Standing Counsel for the State.

2. Cause shown in the affidavit filed in support of the application under Section 5 of the Limitation Act is sufficient. The delay in filing the special appeal is hereby condoned.

Application is allowed.

Office is directed to allot regular number to the present special appeal.

3. This litigation is a classic example of how a Private Interest Litigation (PIL) could be filed in the name of Public Interest Litigation (PIL).

4. One Suresh Chandra Sharma proclaiming himself to be a public spirited person, filed a Public Interest Litigation (PIL) bearing Civil Misc. Writ Petition No. 4142 of 2018, before the learned Single Judge of this Court, seeking removal of alleged encroachment on the Khasra No. 1197, situated at Ward No. 2 which belongs to Gaon Sabha, Village Kharkhauda, District Meerut, U.P by the private respondents.

5. In para No. 4 of the Writ Petition, the PIL petitioner has specifically mentioned that :

“That the petitioner has no personal interest in the controversy