STATE OF UTTAR PRADESH Vs. OM PRAKASH SHARMA

JUDGEMENT

(1.) Heard Sri R. K. Awasthi standing counsel for the petitioner and Sri B. D. Mandhyan, learned counsel for respondent No. 1.

(2.) The landlord respondent No. 1 filed application under Section 21 (8) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for fixation of standard rent of the accommodation in dispute and prayed that the standard rent fixed earlier at Rs. 356 per month be enhanced in accordance with law. The Rent Control and Eviction Officer by his judgment dated 8.8.1990 fixed the standard rent to be Rs. 1,070 per month. The petitioner filed an appeal along with an application under Section 5 of the Indian Limitation Act supported with an affidavit as the appeal was beyond time by twelve days. The application under Section 5 of the Limitation Act has been rejected and appeal has been dismissed as time barred by the District Judge by his Judgment dated 13.3.1991. The petitioner has challenged the judgment of the appellate court by the present writ petition.

(3.) The appellate court dismissed the application under Section 5 of the Limitation Act disbelieving the stand of the petitioner that the Assistant District Government Counsel (Civil) did not inform the department of the date when the judgment was passed and each day's delay had not been properly explained. The appellate court also took the view that the law of limitation is same for Government and private litigants and the department has not properly explained the delay in filing the appeal.