DEPUTY COMMISSIONER, THE DEPUTY CONSERVATOR OF FOREST AND THE STATE OF KARNATAKA REPTD. BY ITS SECRETARY, DEPARTMENT OF REVENUE Vs. V.D. SHANTHAPPA S/O LATE DYAVEGOWDA AND CHANNAVEERAPPA S/O LATE EEREGOWDA, BOTH ARE REP. BY GPA HOLDER, S.D. AADA

JUDGEMENT

(1.) THERE is a delay of 868 days in filing the appeal.

(2.) THE Appellants are challenging the legality and correctness of the order passed by the Learned Single Judge on 19th March 2008 in W.P. No. 4670/07, whereunder the Learned Single Judge has directed the Appellants herein to reconsider the matter within four months from the date of receipt of the copy of the order by obtaining necessary opinion from the Deputy Commissioner, Hassan and to proceed with the matter in accordance with law. The copy of the order has been obtained by the Appellants on 3.9.2009. Though an order was passed on 19.3.2008, the Appellants have filed an application for grant of certified copy on 29.8.2009 nearly after 1 1/2 years. Even after obtaining the copy on 3.9.2009 the matter has not been processed, by the Appellants within the stipulated period of 30 days. At the first instance there is a delay of 1 1/2 years in filing an application for obtaining a copy. Though the certified copy has been obtained by the Appellants on 3.9.2009, the appeal is filed on 24.8.2010, nearly one year after obtaining the certified copy. It is known to the Appellants that a Writ appeal has to be filed within 30 days. The explanation offered by the Appellants cannot be accepted by any court of law.

(3.) ONLY on the ground of delay, the appeal is rejected.