RATNABAI NIRMALBHAI AHIR Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) RULE . Ms. Bhavika Kotecha learned AGP waives notice of rule.

(2.) IN the petition the challenge of the petitioner is against the order passed by the Deputy Collector as well as the Appellate Authority, whereby the Appellate Authority has dismissed the appeal on the ground that the same is presented after period of limitation as if it has no power to condone the delay.

(3.) THIS Court would have considered the matter on the aspect as to whether approach on the apart of the Appellate Authority was justified on the face of the judgement of this Court, having taken the view that it has power to condone the delay by applying Section 5 of the Limitation Act. However, learned Asst. Government Pleader appearing in the respective petition stated that the matter may be remanded to the Deputy Collector as if the appeal is allowed, and Deputy Collector shall decide the matter afresh. He only submitted that the petitioner may appear before the Deputy Collector within two weeks from today.