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2021 Supreme(All) 780

AJAY BHANOT
Kanhaiya Lal – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Vinod Kumar, Kapil Kumar Soni.
For the Respondent: Deepak Gaur.

JUDGMENT :

AJAY BHANOT, J.

1. By the impugned order dated 27.01.2021, the learned appellate court/Additional District Magistrate (Judicial), Jhansi has rejected the application under Section 5 of the Limitation Act filed along with the memo of appeal and has accordingly found that the appeal was not maintainable. The appeal was filed under Section 67(5) of the Uttar Pradesh Revenue Code, 2006.

2. Sri. Vinod Kumar, learned counsel for the petitioner contends that the appeal of the petitioner has been rejected on grounds of delay. It is submitted that the delay was due to bona-fide reasons. The learned appellate authority took a highly technical view of the matter. It is further contended that the impugned order dated 27.01.2021 shows non application of mind.

3. Per contra, learned Standing Counsel for the State - respondents submits that the delay in filing the appeal was not liable to be condoned and the learned appellate authority rightly rejected the appeal.

4. Heard learned counsel for the parties.

5. The facts relevant from the adjudication of the controversy can be prised out from the impugned order.

6. The complete record is thus before this Court and no useful purpose will be serve

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