KANHAIYA LAL Vs. STATE OF U. P.

JUDGEMENT

(1.) By the impugned order dated 27.01.2021, the learned appellate court/Additional District Magistrate (Judicial), Jhansi has rejected the application under Section 5 of the Limitation Act filed along with the memo of appeal and has accordingly found that the appeal was not maintainable. The appeal was filed under Section 67 (5) of the Uttar Pradesh Revenue Code, 2006.

(2.) Sri Vinod Kumar, learned counsel for the petitioner contends that the appeal of the petitioner has been rejected on grounds of delay. It is submitted that the delay was due to bonafide reasons. The learned appellate authority took a highly technical view of the matter. It is further contended that the impugned order dated 27.01.2021 shows non application of mind.

(3.) Per contra, learned Standing Counsel for the State - respondents submits that the delay in filing the appeal was not liable to be condoned and the learned appellate authority rightly rejected the appeal.