JITENDRAKUMAR MOHANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Special Civil Application is filed praying for the following reliefs :-

(2.) It is the case of the petitioner that he is the son of late Shri Mohanbhai Morarbhai, whose mother was the second wife of late Shri Mohanbhai Morarbhai. That it is alleged that behind the back of the petitioner, succession entry No.3939 dtd. 4/4/1997 came to be posted in the revenue record excluding the name of the petitioner. That on coming to know about the same, the petitioner herein filed R.T.S. Appeal No.274 of 2011 on 8/8/2011. The said appeal was preferred after a delay of 14 years, however, inadvertently, along with the appeal, the application for condonation of delay was not filed. The Deputy Collector, Olpad, Surat, by order dtd. 5/9/2013, was pleased to dismiss the said appeal of the petitioner on the ground that the appeal has been filed after a delay of 14 years and no application for condonation of delay has been filed along with the said appeal. Aggrieved, the petitioner challenged the said order dtd. 5/9/2013 before the Collector, Surat by preferring Revision Application No.215 of 2013 which came to be dismissed on 20/8/2016. Further aggrieved, the petitioner preferred Revision Application No.MVV/HKP/ST/91/2016 before the Joint Secretary (Appeals). By order dtd. 15/9/2018, the Joint Secretary (Appeals) was pleased to uphold the orders of the Deputy Collector as well as the Collector. Aggrieved, the petitioner has preferred the present Special Civil Application.

(3.) It is well settled position of law by catena of decisions that no appeal can be heard beyond the period of limitation unless the same is accompanied by the application under Sec. 5 of the Limitation Act seeking condonation of delay. In the present case, admittedly, no application for condonation of delay has been filed along with the R.T.S. Appeal preferred by the petitioner before the Deputy Collector.