KULDEEP CHAND Vs. SODHI RAM

JUDGEMENT

(1.) By way of this petition, the petitioner has assailed order dtd. 18/8/2022 (Annexure P-4) passed by Sub Divisional Collector, Una, District Una, H.P., in terms whereof, the appeal filed by the petitioner under Sec. 14 of the H.P. Land Revenue Act, against the order of Assistant Collector, 1st Grade, Una, dtd. 3/8/2020 was dismissed alongwith an application filed under Sec. 5 of the Limitation Act by holding that the proceedings were time barred, besides making certain observations on the merit of the case also

(2.) Learned Counsel for the petitioner submitted that the petitioner had assailed the order passed by Assistant Collector, 1st Grade, Una, dtd. 3/8/2020, which was passed during the COVID-19 Pandemic. He submits that in terms of the order passed by the Hon'ble Supreme Court of India in miscellaneous application No.21 of 2022, in Suo Motu Writ Petition (C) No.3 of 2020, in re-cognizance for extension of limitation, Hon'ble Supreme Court was pleased to hold vide order dtd. 10/1/2022 that the period from 15/3/2020 till 28/2/2022 shall stand excluded while computing the period prescribed for the purposes of limitation. Learned Counsel further submitted that as the o der under challenge was passed within the said period and the appeal was preferred on 11/1/2022 within this peri d, there was no occasion for the Collector to have had dismissed the appeal as being time barred. Accordingly, he prayed that as the impugned order is per se bad, the same be quas ed and set aside.

(3.) On the other hand, learned Senior Counsel appearing for the respondents submitted that the petitioner himself filed the appeal alongwith an application under Sec. 5 of the Limitation Act, which was dismissed by the Authorities and in light of the matter, now the petitioner cannot be allowed to agitate the order by raising the ground that the appeal was not time barred. Accordingly, learned Senior Counsel prayed that as there is no merit in the present petition, the same be dismissed.