GYAN CHAND Vs. BOARD OF REVENUE RAJ AJMER

JUDGEMENT

(1.) THIS petition has been filed challenging the order dated 15-4-2009 passed by the Board of Revenue, Ajmer upholding the order dated 12-9-2008 passed by the Additional Collector-II Alwar, condoning the delay in the filing of an appeal by respondents No.3&4, under Section 75 of Rajasthan Land Revenue Act, 1956 (herein after "1956 Act'), against the order dated 8-12-1989, whereby mutation of land till then standing in the khatedari of respondents No.3&4 in revenue record was done in favour of the petitioners.

(2.) COUNSEL for the petitioners submits that the appellate authority i.e. the Additional Collector-II Alwar, irregularly exercised its jurisdiction in condoning the delay of about 16 years in the filing of an appeal by the respondents No.3&4, against an order of mutation passed on 8-12-1989. It is submitted that the discretion exercised by the Additional Collector-II Alwar was without reference to the inability of the respondents No.3&4 herein appellants in appeal before the Appellate Authority to show any sufficient cause for not filing the appeal in time and approaching the appellate authority belatedly. Mr. Mathur placed reliance on Lanka Venkateswarlu Vs. State of Andhra Pradesh [(2011) 4 SCC 363] to contend that delay in taking remedies in law should not be lightly condoned.

(3.) I therefore find no force in the writ petition, and the same is therefore dismissed.