B RAJAKISHAN REDDY Vs. STATE OF A P

JUDGEMENT

(1.) Heard Sri Mahipathi Rao, Counsel representing the Revision petitioner and the learned Government Pleader for Land Ceiling.

(2.) The Civil Revision Petition is filed by the Revision petitioner aggrieved by an order made in I.A.No, 381/95 in L.R.A. (SR) No.511 /95 on the file of II Additional District Judge, at Ranga Reddy District. The application was filed under Section 5 of the Limitation Act, 1963 r/w. Section 151 C.P.C to condone the delay of 893 days in preferring the Appeal from the date of knowledge i.e., from 11-5-1993 against an order dated 2-4-1977 in C.C.No. 3140/75 and 3141/1/75 of Land Reforms Tribunal, Ranga Reddy District. Though it is stated that the delay is 823 days, ultimately as per the calculation, the delay is more than 18 years. The reasons explained are that the declarant had given false information and managed to get deletion of the said extent of land and on the other hand the declarant himself was in possession and was personally cultivating the said land and the said file of M.R.O. was misplaced in the files of the office and after an elaborate search the same had been traced out recently and handed over to the Assistant Government Pleader for preferring the Appeal and hence there is delay of 893 days. The learned Judge allowed the application subject to deposit of costs of Rs. 1000/- in favour of the District Legal Services Authority on or before 10-6-2003. Elaborate submissions were made by both the Counsel.

(3.) The learned Counsel for the petitioner contended that in fact there is wrong calculation and there is no question of the date of knowledge and hence the delay in fact is more than 18 years. But however, certain days had been specified by the Government. The Counsel placed reliance on State of Haryana v. Chandra Mani.