STATE OF UP Vs. DEVI PRASAD

JUDGEMENT

(1.) Heard Sri Aditya Narayan, learned Counsel for the respondent and Sri Shreesh Chandra, learned standing counsel for the appellant.

(2.) This is an application under Section 5 of the Indian Limitation Act to condone the delay of 167 days in filing this first appeal under Section 54 of the Land Acquisition Act. This application is supported with an affidavit. Counter and rejoinder-affidavits are available on record.

(3.) Various reasons have been given in the affidavit for showing sufficient cause in condoning the delay by saying that the certified copy of the Judgment and decree dated 18.3.1991 was applied by the appellant through District Government Counsel (Civil), Varanasi on 18.4.1991, which was ready on 26.4.1991 and was delivered to District Government counsel on 30.4.1991. The District Government counsel gave his opinion on 1.5.1991 and sent the same to the office of the Special Land Acquisition Officer, which was received there on 9.5.1991. The Collector, informed the Executive Engineer. Irrigation Division, Jaunpur on 14.5.1991 regarding filing of the appeal, which was received back in the office of the Special Land Acquisition Officer on 21.6.1991. A letter was sent alongwith file to the District Magistrate on 22.6.1991 and it was returned after signature of the District Magistrate to the office of the Special Land Acquisition Officer on 25.6.1991. The Special Land Acquisition Officer sent the papers alongwith file to the Joint Secretary, Revenue 13, Department, Lucknow for obtaining instruction for filing the appeal vide letter dated 1.7.1991 and the Joint Secretary, Revenue 13 Department, Lucknow made some queries vide letter dated 31.7.1991, which was received in the office of the Special Land Acquisition Officer on 14.8.1991 and were replied by the office of the Special Land Acquisition Officer on 23.8.1991. The Joint Secretary, Revenue 13 Department, Lucknow thereafter sent the file to the Law Department, U.P. Lucknow and the Law Department vide order dated 20.9.1991 granted permission for filing the first appeal against the judgment and decree dated 18.3.1991. The permission was received by the Special Land Acquisition Officer on 15.10.1991, whereafter he required the Executive Engineer, Varanasi to deposit the amount of Court fee for filing the first appeal. After collecting necessary amount of Court fee and the records, Sri Mohd. Nadeem Khan posted as Amin in the office of the Special Land Acquisition Officer, Varanasi was sent on 11.12.1991 to file the appeal and he contacted the office of the Chief Standing Counsel at Allahabad on 12.12.1991. The appeal was drafted and reported on 20.12.1991 and presented on 2.1.1992.