SHANKARAGOUDA S/O. BASAVANAGOUDA Vs. THE AUTHORISED OFFICER AND SPECIAL LAND ACQUISITION OFFICER AND OTHERS

JUDGEMENT

(1.) MISC . W. 2520/2011 and Misc. W. 2521/2011 are filed by the counsel for Petitioner for condoning the delay of about 1170 days in filing the recalling application and for recalling the order dated 24th June 2008 respectively.

(2.) I have heard the learned Counsel for the Petitioner and learned Additional Government. Advocate appearing for first Respondent.

(3.) AFTER careful perusal of the delay application filed, it can be seen that, there is an inordinate delay of nearly 1170 days in filing the recalling application. The said delay has been explained at paragraphs 2 to 9 of the affidavit, accompanying the application dared 3rd March 2011. The inordinate delay of nearly 1170 days in filing the recalling application has not been satisfactorily explained, by explaining each day's delay, giving cogent reasons nor the reasons assigned inspire the confidence of this Court. Except narrating the history of the case, no credible reasons are assigned. Whenever a party comes before the Court, he has to come with clean hands and state the true facts, such that the Court can attach some credibility for such statements. Without any prima facie case, relying on omnibus statements and condoning the delay would result in misplaced sympathy. Therefore, in the absence of proper explanation of inordinate delay of about 1170 days in filing the recalling application, I am of the considered view that, it is not justifiable to condone the inordinate delay.