LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER BELGAUM Vs. RAMACHANDRA YALLAPPA GAVADE ALIAS PATIL

JUDGEMENT

(1.) THERE is an application under Section 5 of the Limitation Act for condonation of delay of 266 days in filing this appeal.

(2.) I have heard the learned Government Counsel Smt. L. Y. Premavathi. She strenuously contended that the said delay may be condoned in filing the appeal by taking liberal view in favour of the appellant considering the variety of activities and responsibilities with which the State is overburdenedly involved. I have applied my mind to the contentions of the learned government Pleader Smt. L. Y. Premavathi.

(3.) I have been taken through an affidavit filed on behalf of the appellant sworn to by a Section Officer. No doubt, it is one of the settled principles of law that looking to the variety of activities and responsibilities of the State Government some latitude has to be given to the State in the matter of condonation of delay. But, it does not mean that even if there is no explanation offered and the contents of the affidavit indicate negligence on the part of the officers concerned in dealing with the matter, the delay should be condoned.