GOVA KANA HARIJAN Vs. DEPUTY COLLECTOR NAKHATRANA

JUDGEMENT

(1.) WE have heard Mr.Anand R. Patel for the applicants and concerned learned AGP for respondent No.1 and Mr.Rishin R. Patel for Mr.Varun K.Patel for respondent No.2. It appears that the concerned main First Appeal (Stamp Number) came to be dismissed on account of nonremoval of office objections and more particularly of not paying the Court fees. It has been submitted that since very meager amount was paid towards compensation and as the petitioners belong to Scheduled Caste they were under the impression that they may not be required to pay Court fees and therefore, they did not make any arrangement for payment of Court fees. Such has resulted into nonremoval of office objections and also delay in preferring the application.

(2.) WHEREAS on behalf of the respondent it has been submitted that if there is lapse on the part of the applicants in not pursuing the First Appeal well in time and the matter is dismissed for nonremoval of office objection and after a long period of more than four years the present application has been preferred for restoration of the matter and therefore, this Court may observe that the applicants herein will not be entitleed to claim any interest for the period from 28.8.2008 till today in the event they succeed in the proceedings of the First Appeals.

(3.) UNDER these circumstances we find that the question of liability to pay interest for the aforesaid period of more than four years can be examined in the proceedings of the First Appeals. Considering the fact that the applicants belong to Scheduled Caste we find it proper not to impose cost for delay in preferring the application for restoration of the First Appeals.