NILASAILA NAYAK Vs. AUTHORIZED

JUDGEMENT

(1.) THIS writ petition has been filed assailing the order dated 19.4.2006 under Annexure -1 passed in Misc. Appeal No. 19 of 2004 by the learned District Judge, Balasore.

(2.) MISC . Appeal No. 19 of 2004 was filed by the writ petitioner against the order of confiscation passed by the Authorized Officer -cum -Assistant Conservator Forests, Udala under the Orissa Forest Act in O.R. Case No. 216 -N of 1999 -2000. As the said appeal was filed beyond the prescribed period, it was accompanied by an application under Section 5 of the Limitation Act for condonation of delay.

(3.) MR . B.P. Ray, learned Counsel appearing for the writ petitioner submits that the learned District Judge has acted erroneously and illegally in disbelieving the explanation given by the writ petitioner -appellant that due to his illness, he could not file the appeal in time. He further submits that the learned District Judge has disbelieved the illness of the writ petitioner -appellant solely on the ground that the petitioner did not file the prescription and medicine receipts etc. though, as a matter of fact, a certificate from the treating physician was filed by the writ petitioner -appellant and without any reason came to the conclusion that the said certificate is not trustworthy and has been created only for the purpose of the case.