LAWS(RAJ)-2017-7-25

GIRDHARI Vs. STATE OF RAJASTHAN THROUGH COLLECTOR

Decided On July 28, 2017
GIRDHARI Appellant
V/S
State Of Rajasthan Through Collector Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) These appeals are filed with the delay of 1518, 1487, 1518 and 1518 days respectively. Applications have been filed under Section 5 of the Limitation Act to condone the said delay.

(3.) It is submitted by the learned counsel for the appellants Shri R K Daga that Panchayat Samiti and Gram Panchayat gave assurance that the possession of the appellants- plaintiffs will be regularized but no action in this regard has been taken by them. Contrary to it, a notice dated 19.08.2016 was issued by the respondent No.4 by which respondent No.4 has demanded the amount as mentioned in the notice from the appellants-plaintiffs illegally. Now, respondent No.4 is bent upon to demolish the construction of the disputed shops. In these facts and circumstances, the appellants-plaintiffs were unable to file appeals within the prescribed time of limitation. The delay in filing the appeals are bonafide and deserves to be condoned.