COMMISSIONER, DIVISION GWALIOR Vs. PHAL SINGH

JUDGEMENT

(1.) There is a delay of 558 days in filing the petition, condonation whereof is being sought vide I.A. No. 2557/2019.

(2.) It is urged that after the decision wherein the Sub-Divisional Officer, Lashkar was found having no jurisdiction to act as a Competent Authority in absence of notification under Section 3 or Section 17 of Madhya Pradesh Lok Parisar (Bedakhali) Adhniyam, 1974 (for brevity "Adhiniyam 1974"), the Commandant, Second Battalion, came to know about the notification issued by Collector, Gwalior in exercise of his powers under Section 17 of Adhiniyam 1974 on 13/04/2012, notifying Sub-Divisional Officer, Lashkar a Competent Authority. It is contended that information was accordingly sought from Collector, Gwalior on 22/11/2017. Thereafter reminder was sent on 30/11/2017, 26/12/2017, 01/01/2018, 25/01/2018, 02/02/2018. The information was received on 18/05/2018. Thereafter legal opinion was sought on 23/01/2019. That the legal opinion was given on 16/05/2019 which was received in the office of petitioner No.2 on 13/06/2019. Thereafter the Officer-in-charge contacted in the office of Additional Advocate General. The review petition was filed on 26/06/2019. On the basis of these facts, it is urged that there is no deliberate delay in pursuing the matter at various levels, as a result whereof, some delay has occurred. It is urged that looking into the importance of issue having far reaching effect, the delay be condoned.

(3.) Sufficiency of cause for delay being the prime consideration while dwelling on the application for condonation, it is to be seen as to whether the petitioner discharges the sufficiency criteria.