ESTATE OFFICER Vs. MAHESH KUMAR

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment of learned Singh Judge quashing cancellation of booth site allotted to the respondent, on the ground of delay of 35 days in making the deposit. Though, appellant has delayed filing of appeal by 189 days for which, condonation is sought, grievance is to condonation of delay of five days in favour of the respondent, without disputing genuineness of the ground put forward by the respondent.

(2.) THE site in question was allotted to the respondent in an open auction. As per terms and conditions of allotment, 10% of the total amount was deposited at the spot and the remaining 15% which was to be deposited within 30 days. The respondent sought condonation on the ground of illness, pleading his confinement to bed. The said prayer was not accepted on the ground that delay beyond 30 days could not be condoned.

(3.) WE have heard the learned counsel for the appellant.