STATE OF RAJASTHAN Vs. MAHAVEER

JUDGEMENT

(1.) Nobody appears for the petitioner.

(2.) Perused the application u/s 5 of the Limitation Act. Admittedly, the certified copy of the order was received on 2.4.2005, and the sanction was accorded on 29.7.2005. It appears that the matter remained pending with the Collector and the Law Department. It is too much that the two responsible authorities even do not take care to keep in mind the provisions of Limitation Act, so as to act the promptitude and dispatch. In my view, the delay is only account of lethargy on the part of the persons concerned in handling the papers from 13.4.2005 to 29.7.2005. Had the persons been active, appeal could have been filed within limitation. As such, in my view, it cannot be said, that the petitioner has sufficient cause, whereby it was prevented from filing the petition for leave to appeal within limitation.

(3.) The application u/s 5 of the Limitation Act is, therefore, dismissed. Consequently, the petition for leave to appeal is also dismissed.