Ranjan Gogoi, J. — Leave granted.

2. Though the only issue that arises in this appeal is with regard to the correctness of the order dated 12.11.2008 passed by the Division Bench of the Rajasthan High Court declining to condone the delay that had occurred in the institution of Special Appeal Writ No.02033 of 2007 by the appellant, a brief conspectus of the relevant facts would be appropriate.

3. An order of eviction dated 17.12.1980 under the Rajasthan Public Premises (Eviction of Unauthorized Occupants) Act, 1964 was passed by the Estate Officer against the respondent (Now represented by his legal heirs). The respondent was unsuccessful in the challenge made against the said order in an appeal before the learned District Judge. Thereafter, the respondent filed an application for review which was transferred to the court of learned Additional District Judge who heard the matter and decided the same on 17.12.1993 as if he was hearing an appeal against the initial order of the Estate Officer dated 17.12.1980. The State of Rajasthan, therefore, moved Civil Writ Petition No.3503 of 1995 before the High Court which was dismissed by the learned Single Judge holding that the te