DELHI DEVELOPMENT AUTHORITY Vs. RAMESH KUMAR BUDHIRAJA

JUDGEMENT

(1.) There is an inordinate delay of 237 days in filing leave to appeal against the order dated 25th August 2012 passed by the learned Additional Sessions Judge-2 ('ASJ'), Tis Hazari Courts, Delhi in CA No. 64 of 2012 and order dated 5th October 2011 passed by the learned Metropolitan Magistrate ('MM') in Complaint Case No. 216 of 2001 acquitting the Respondent of the offence under Section 14 read with Section 29 (2) of the Delhi Development Authority Act, 1957.

(2.) Mr. Rajesh Mahajan, learned counsel appearing for the Petitioner has produced before the Court a written synopsis explaining that the Petitioner had wrongly filed the appeal before the Sessions Court on 3 rd August 2012 though it ought to have been filed before this Court and that the learned Additional Sessions Judge ('ASJ') by an order dated 25th August 2012 dismissed the appeal on the ground of maintainability. He refers to paras 2, 3 and 4 of the delay application by way of explanation for the further delay in the filing of the present leave petition on 27th November 2012. He referred to the following decisions of the Supreme Court and this Court:

(3.) The legal position as regards the condonation of delay in matters filed by the State and its instrumentalities has been explained by the Supreme Court in Postmaster General v. Living Media India Limited, 2012 3 SCC 563. Para 29 of the said judgment reads as under: