MALEK BABUBHAI KALUBHAI Vs. SIPOY PIRUBHAI HATUBHAI SABDALBHAI

JUDGEMENT

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

(2.) It is submitted by learned advocate for the petitioner that there was a delay of 50 days in approaching the learned Gujarat Revenue Tribunal ["Tribunal" for short]. He submits that the delay was not so gross that the learned Tribunal ought not to have condoned such a delay. He submits that because of the dismissal of the delay condonation application, the learned Tribunal did not look into the merits of the case. He, therefore, submits that the delay condonation application before the learned Tribunal may be allowed and the matter may be restored to the file of learned Tribunal for adjudication on merits.

(3.) In the present case, a perusal of the impugned order shows that while recording that no sufficient reasons have been given for the delay in approaching the learned Tribunal, the learned Tribunal has also observed on merits of the case that there is a delay of 44 years and 5 months in initiating the appeal proceedings before the Dy. Collector, Kadi challenging the order of the Mamlatdar & ALT, Kadi in favour of the ancestors of respondent Nos.1/1 to 1/6. The learned Tribunal has, after taking into consideration the merits of the case, dismissed the delay condonation application filed along with the revision application. Even though the delay of 50 days has not been condoned by the learned Tribunal, this Court is of the opinion that no error is committed since the learned Tribunal has seen the merits of the case before dismissing such application for condonation of delay. Even on the merits of the case, there is no explanation by the petitioner for challenging the order dtd. 15/3/1976 in favour of the deceased respondent No.1 after a delay of more than 44 years. In view thereof, the impugned judgment and order does not call for any interference. The Special Civil Application is devoid of merits and is dismissed accordingly. No order as to costs.