PUBLIC WORKS DEPARTMENT Vs. ASHOK KUMAR

JUDGEMENT

(1.) THIS intra -court appeal impugns the judgment dated 4th August, 2014 of the learned Single Judge of this Court allowing W.P.(C) No.7649/2011 filed by the respondent No.1 by directing the appellants to restore possession of land bearing "Khasra No.561/421 and thereafter changed to Khasra No.414" to the respondent No.1 / writ petitioner, "ignoring the numbers of the khasras being Khasra No.561/421 or new Khasra No.414". The appeal is accompanied with an application for condonation of 159 days delay in filing thereof.

(2.) NOTICE of the appeal as well as application for condonation of delay was issued. The respondent No.1 did not file any reply to the application for condonation of delay. Thereafter, we heard the counsel for the appellants as well as the counsel for the respondent No.1 [respondent No.2 is the Land Acquisition Collector (LAC), Narela Circle] and reserved judgment.

(3.) AS aforesaid, the respondent No.1 has not filed any reply to the application for condonation of delay. Even during the hearing, the said application was not opposed and rather the arguments were addressed on merits. The appellants, in the application have pleaded that they came to know of the impugned judgment, though pronounced on 4th August, 2014, only on 12th November, 2014 and wherefrom the appeal is within time. The said application is supported by an affidavit of the Executive Engineer of the appellant No.1. In the absence of any opposition, we accept the cause pleaded for condonation of delay and find the same to be sufficient. Accordingly, the delay in filing the appeal is condoned. The respondent No.1 filed the writ petition from which this appeal arises, pleading;