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SHREE PRAKASH SINGH
Ram Pal Misra – Appellant
Versus
State Of Uttar Pradesh Thru Collector Gonda – Respondent
JUDGMENT :
Shree Prakash Singh, J.
1. Heard Sri Q. M. Haque, learned counsel for the petitioner, Sri J.P. Maurya, learned Additional Chief Standing Counsel and perused the record.
2. Instant writ petition has been filed assailing the order dated 21.2.2003 passed by the appellate authority as well as the order dated 17.2.1975 passed by the Prescribed Authority.
3. Learned counsel for the petitioner submits that in fact a proceeding under Section 10(2) of U.P. Imposition of Ceiling on Land Holdings Act, 1960 was commenced and the case was instituted as Ceiling Case No. 83 wherein misinterpreting the records, the Prescribed Authority (Ceiling), vide order dated 17.2.1975 determined 54.4 acres of land as surplus land from the holdings of the petitioner. He admits that against the aforesaid order, the petitioner filed Appeal No. 244 of 1975 before the District Judge, Gonda wherein operation of the order impugned was stayed during the pendency of the appeal.
4. He further submitted that, due to the change of jurisdiction as per the amendment in the Ceiling Act, the matter was transferred from the court of District Judge to the Divisional Commissioner, Faizabad. The aforesaid appeal was dismis
The court emphasized the importance of 'sufficient cause' and the satisfaction of the court in condoning delay, and highlighted that inordinate delay could not be condoned without notice to the respo....
The main legal point established in the judgment is the importance of adhering to principles of natural justice, procedural provisions, and the need for judicious exercise of discretion in condoning ....
The main legal point established in the judgment is that the law of limitation has to be applied with rigor, and a satisfactory explanation is required for condonation of delay.
Application for mutation – Condonation of delay - The term "sufficient cause" is to receive liberal construction to advance substantial justice, when no negligence, inaction or want of bona fide is a....
The court emphasized that sufficient cause must be shown for condoning delay in appeals, advocating a liberal approach while also requiring satisfactory explanations for excessive delays.
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