JUDGMENT :

M. C. Garg, J.:-

This writ appeal has been filed with application for condonation of delay in filing of the appeal which is barred by 1128 days. To support the original application, fresh application for condonation of delay has been filed as LA. No. 4886/12. It is on this application, arguments were heard.

2. In this application, the ground which has been taken to explain the delay are as follows :

(i) That on 28-2-2008, a letter has been sent by the Govt. Advocate, Indore to the SDO Neemuch informing the judgment passed in Writ Petition No. 9006/2003 on 13-2-2008 and thereafter in the matter an opinion of the Govt. Advocate, District Court Parisar, Neemuch dated 27-5-2009 was sent to the Collector, Neemuch stating the grounds for filing the writ appeal in the matter. Thereafter, the Collector District Neemuch had written a letter dated 8-6-2009 to the Secretary, Law and Legislative Affairs Department, Bhopal for getting permission to file writ appeal stating the grounds of appeal. Thereafter, the Sub Divisional Officer, Sub-Division Neemuch also wrote a letter dated 12-6-2009 to the Secretary, Law and Legislative Affairs Department, Bhopal for getting permission to file writ appeal in the matter.

(This clearly shows that for more than a year, matter remained pending with the Government Advocate for giving opinion)

(ii) Thereafter, a letter dated 17-7-2009 of Under Secretary was received in the Office of Collector District Neemuch which was addressed to the Collector stating that for getting permission to file writ appeal it is necessary that letter for getting permission should be sent through appropriate/ proper Govt. Revenue Department then permission will be granted. After receiving this letter the Collector District Neemuch had written a letter dated 29-7-2009 bearing Number 947/2009 Neemuch to the Secretary, State of M.P., Revenue Department, Maritralaya, Vallabh Bhawan, Bhopal for obtaining permission from the Law Department and again vide reminder letter No. 1275/2009 Neemuch dated 24-10-2009 for obtaining permission from the Law Department.

(iii) Thereafter, the Collector, Neemuch after receiving the permission from the Law Department wrote a letter No. 1565/2009 dated 22-12-2009 along with permission letter dated 27-11-2009 of Law Department to the OLC (SDO) Revenue, Neemuch for taking necessary steps to file writ appeal in the matter.

3. The appellants also made the averments that the officials responsible with the file of the present case did not look into the matter or rather with ulterior motive did not take any action in the matter. They did not even inform the higher officials regarding the orders passed by the Hon'ble High Court in the Writ Petition. Thereafter, Contempt Petition No. 427/2009 was filed and same was decided vide order dated 10-11-2010 and after the decision in contempt petition the matter was traced, then for the first time it came to be known that Law Department vide its memo dated 27-11-2009 has granted permission to file writ appeal in the matter.

(This shows that even though an opinion for filing of the appeal was granted by the Law Department somewhere in November, 2009, second exercise has been done for obtaining permission from the Law Department which clearly shows that there is utter negligence on the part of the department.)

4. List of dates on which reliance has been placed by the learned counsel for the appellant seeking condonation of delay shows that after 28th of February, 2008, legal opinion was received on 27th of May, 2009 i.e. after more than one year, thereafter, even though letter was written by the Collector, District-Neemuch to the Secretary on 8th of June, 2009 for the permission to file an appeal, permission was granted on 27th of November, 2009 i.e. after five months. It is also surprising that despite receiving notice of contempt in the year 2009 of which notice