STATE OF RAJASTHAN Vs. DHAKA BAI

JUDGEMENT

(1.) Instant writ petition has been filed by the Revenue Department against the order dated 6.8.2008 passed by the Board of Revenue in appeal No.3444/2004 whereby the Revenue Board has rejected the application for condonation of delay filed u/s 5 of the Limitation Act 1963.

(2.) Learned counsel for the petitioner while challenging the order of the Revenue Board dated 6.8.2008 submitted that the appeal was filed by the State of Rajasthan against the order dated 27.3.01 passed by Revenue Appellate Authority, Kota before the Board of Revenue. He submitted that the appeal in question was filed on 6.8.2004, along with an application seeking condonation of delay. Learned counsel for the petitioner submitted that the Court should be liberal in deciding the application for condonation of delay, more particularly when it is filed by the State. He further submitted that each day's delay is not required to be explained, while filing application u/s 5 of Limitation Act. On the last date of hearing, this Court had asked the petitioner to show the reasons stated in the application filed u/s 5 of the Limitation Act, then learned counsel for the State, sought time to submit certified copy of the said application filed u/s 5 of the Limitation Act, filed before the Board of Revenue.

(3.) Learned counsel for the petitioner has filed the certified copy of the application u/s 5 of Limitation Act, a perusal whereof reveals that the Tehsildar, Ladpura contacted the Government Counsel appearing before Revenue Appellate Authority, Kota on 19.7.2004, who informed that against the order dated 27.2001, an appeal is required to be filed before Revenue Board, Ajmer.