SIMON SIANGSHAI Vs. ADHUNIK CEMENT LTD.

JUDGEMENT

(1.) In this writ petition, the petitioner seeks to challenge the order dated 27.05.2019 passed by the Deputy Commissioner, East Jaintia Hills District, Khliehriat condoning the delay in filing the appeal by the respondents wherein challenge were made of the order dated 09.12.2014 passed by the Assistant to the Deputy Commissioner. Appeal to the Assistant to the Deputy Commissioner lies under Rule 36A of the Administration of Justice and Police (Khasi Jaintia) Rules 1937 and such appeal is required to be filed within thirty days.

(2.) Learned counsel Mr. K. Paul appearing for the petitioner submitted that though the learned Deputy Commissioner in condoning the huge delay of more than 4 1/2 years, the order which was impugned before him was dated 09.12.2014 whereas, the appeal was filed belatedly in October 2018. It is contended that the respondents in their application seeking condonation of delay did not specify the number of days by which the appeal was time barred. The authority below has condoned the delay by perfunctory order without giving any convincing reasons.

(3.) Learned counsel for the respondents has submitted that the respondents originally approached this Court by filing CRP No. 1 of 2015 which was decided by the learned Single Judge of this Court vide order dated 10.04.2015. Learned counsel for the petitioner herein, raised an objection therein that the revision petition would not directly lie before this Court as the respondents have the remedy under Rule 36A (Supra) before the Deputy Commissioner. This Court upholding that objection remanded the matter to the Deputy Commissioner, East Jaintia Hills District, Khliehriat to register the appeal and hear the same after issuing notice to all the parties concerned and dispose of in accordance with law. This Court also passed a status quo vide order dated 14.01.2015 to be continued till the matter is taken up.