CHAMAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners have preferred this writ petition for the issuance of a writ in the nature of certiorari for setting aside the order dtd. 14/1/2020 passed by respondent No.1 and order dtd. 3/9/2019 passed by respondent No.2, whereby the appeal filed by the petitioners was dismissed on the ground of limitation.

(2.) There is some ambiguity in the order dtd.8/1/2019 passed by the District Registrar of Societies as the same does not disclose as to whether the proceedings were initiated before the District Registrar against some order passed by his own office. However, the fact remains that the appeal was filed before the State Registrar with a delay of 72 days and the same was dismissed on the premise that against the order dtd. 8/1/2019 passed by the District Registrar, the appeal was filed on 12/7/2019 and the same was barred by limitation as per Sec. 79 of the HRRS Act, 2012.

(3.) As per requirement of Sec. 79(3) of the aforesaid Act, the appeal could have been filed within 60 days on the date of passing of the impugned order. The Appellate Authority may also entertain an appeal before the period of limitation maximum of another 60 days on showing sufficient grounds for condonation of delay. In this way, a delay of 72 days over and above the prescribed period of 60 days was not condoned. The said delay was even not condoned by the Registrar General when the appeal was dismissed vide order dtd. 14/1/2022.