COLLECTOR, LAND ACQUISITION Vs. KESARI DEVI

JUDGEMENT

(1.) The applicant/appellant has filed the present application for condonation of delay in filing the application under Order 22 Rule 4 and 9 read with Sec. 151 of CPC. It has been asserted that the matter was listed before the Court on 31/8/2023 and 12/10/2023 and the Court directed the applicant/appellant to take steps to bring on record the legal representatives of the sole respondent. Intimation regarding this fact was received in the office of the Executive Engineer, Nurpur via telephonic communication dtd. 17/10/2023. The Assistant Engineer, Nurpur was directed to take steps to bring on record the legal representatives of the sole respondent. The matter was taken up with the Revenue Authorities for obtaining the legal heir's certificate vide letter dtd. 18/10/2023. It was revealed by Revenue Authorities that the names of legal representatives had already been verified from the Patwari concerned and the legal heirs certificate was being prepared in the office of SDM, Nurpur. The legal heir's certificate and death certificates were received on 31/10/2023. The application for bringing on record the legal representatives was prepared, which was sent to the office of the Engineer-in-Chief, HP.PWD vide letter dtd. 1/11/2023. This application was forwarded to the office of the Advocate General for final vetting on 3/11/2023. The application is within limitation from the date of knowledge, but there is a delay of 796 days in filing the application. The delay occurred due to the circumstances mentioned in the application. Hence, it was prayed that the application be allowed and the delay be condoned.

(2.) No reply to the application was filed by the legal representatives.

(3.) Heard.