Hon. Barin Ghosh, C.J. (Oral)

We have considered the averments made in the application for condonation of delay, to which no objection has been filed and, being satisfied with the reasons furnished for the delay in filing the appeal, we allow the application (CLMA No. 6216 of 2012) and condone the delay of 37 days.

2. In the writ petition, which has been dismissed by the judgment and order under appeal, appellants contended that they are the owners of the land described in the writ petition and part thereof is in wrongful occupation of the respondents to the writ petition. Since the respondents are officers of the Union of India, a writ of mandamus was sought directing them to remove themselves from the land in question. The writ petition has been dismissed only on the ground that in order to do what the appellants have approached, appellants are required to approach the Civil Court and, for which, appellants have already issued a legal notice. Aggrieved thereby, the present appeal has been filed contending that the Hon’ble Supreme Court has clarified in its judgment, rendered in the case of K.T. Plantation Private Ltd. and another Vs. State of Karnataka reported in (201