SHANKAR KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Apparently there is a gross laches on the part of the petitioner on account of which the Certificate Officer passed order against him and, in spite of opportunity granted by this Court, his appeal was also dismissed. From the order of the Certificate Officer it appears that the petitioner was being represented in the proceeding through his learned lawyer. However, on many dates no step was taken by the concerned lawyer before the Certificate Officer and, therefore, order was passed against him. Petitioner had moved this Court and this Court granted liberty to him by order dated 16.9.2010, vide Annexure-4, to file an appeal before the Appellate Authority within a time limit. The petitioner crossed the time limit by almost 10 months and filed his appeal which was dismissed by the Appellate Authority, vide Annexure-8 with the supplementary affidavit.

(2.) In view of the laches on the part of the petitioner, this Court cannot find any error in the approach either of the Certificate Officer or of the Appellate Authority. But apart from the law the Court has also to take into account equity and justice in a matter before it. The consistent approach of this Court as well as the Apex Court is that a lis should be decided on merits and no party should be thrown out from Court on account of laches of his representative. In the circumstances, only on account of consideration of justice and equity, this Court allows the petitioner to appear before the Collector, i.e., the Appellate Authority within two weeks from today in person and deposit a cost of Rs. 10,000/- and pray that a date may be fixed for hearing of his appeal on merits. On personal appearance of the petitioner and deposit of cost, the Collector shall fix-up a firm date on which he will hear the appeal on merits. On the date of hearing also the petitioner shall be personally present along with his representative or learned lawyer, if he chooses to engage one. The Collector shall also issue notice to the other parties so that all parties may be present on the date of hearing and hearing commences and concludes. Thereafter he shall pass final order on merits in accordance with law. In case this order of the Court is also not complied with by the petitioner, the matter shall stand closed and no further opportunity shall be granted to the petitioner by any authority and the law will take its own course.