STATE OF HARYANA AND OTHERS Vs. RANJEET SINGH

JUDGEMENT

(1.) This order shall dispose of two appeals bearing LPA No.1641 of 2012 titled as "The State of Haryana and others Versus Ranjeet Singh" arising out of CWP No.10316 of 1991 (for short 'Ist appeal) and LPA No.1642 of 2012 titled as "The State of Haryana and others Versus Parma Nand and others" arising out of CWP No.2523 of 1991 (for short 'IInd appeal'), as both the appeals have been filed being o.1642 of 2012 (O&M) aggrieved against the order of the learned Single Judge dated 18.5.2011 in which a common question has been decided i.e.

(2.) It is pertinent to mention that both the appeals have been filed along with an application under Section 5 of the Limitation Act, 1963 (for short 'the Act') as in the Ist appeal, the delay is of 390 days whereas in the IInd appeal, it is 389 days but the averments made in both the applications are same.

(3.) It is averred in the application that copy of the judgment dated 18.5.2011 passed by the learned Single Judge was received in the office of Financial Commissioner & Principal Secretary to Govt. of Haryana, Irrigation Department, Chandigarh, on 23.8.2011 and the same was also received in the office of Engineer-in-Chief on 24.8.2011. The Advocate General, Haryana vide Memo No.8363 dated 17.2.2012 and Legal Remembrancer, Haryana vide Memo No.16155/Co.2987/H/2010 dated 5.3.2012 informed the department that it is a fit case for filing appeal. On 5.3.2012, the office of Advocate General, Haryana, requested the office of the Engineer-in-Chief to depute some concerned official to attend their office alongwith some relevant documents.