STATE OF RAJASTHAN Vs. RAM PRATAP

JUDGEMENT

(1.) This special appeal accompanied by an application u/s 5 of Limitation Act , 1953 is directed against order dated 15.2.06 passed by the learned Single Judge of this court, whereby the writ petition preferred by the respondents assailing the order dated 1.4.92 passed by the Khudkasht Commissioner, Rajasthan, Jaipur, has been allowed and accordingly, the aforesaid order dated 1.4.92 setting aside the allotment of land made in favour of the respondent no. 8, has been set aside.

(2.) The special appeal preferred by the appellant is barred by 887 days. Explaining the inordinate delay in filing the special appeal, it is stated in the application that regarding the correctness of order dated 15.2.06 passed by the learned Single Judge , the opinion of the Government Advocate was sought vide letter dated 25.10.07 and accordingly, the legal opinion was sent by the Government Advocate vide letter dated 17.1.08. There is STATE OF RAJASTHAN & ORS. VS. SRI RAM PRATAP & ORS. (D.B.CIVIL SPECIAL APPEAL (W) NO.5851/08(DR(J)) no explanation whatsoever explaining the delay in filing the appeal from 15.2.06 to 25.10.07. That apart, there is no explanation whatsoever as to why the appropriate steps were not taken for filing the appeal immediately even after receiving the legal opinion from the Government Advocate. Suffice it to say that the explanation furnished for inordinate delay in filing the appeal is not satisfactory and the appellants have miserably failed to satisfy this court that they had sufficient cause for not preferring the appeal within the period of limitation. In this view of the matter, the application for condonation of delay so also the special appeal deserves to be dismissed on this count alone.

(3.) However, in the interest of justice, we have examined the matter on merits as well. It is to be noticed that by the order dated 1.4.92 which was impugned in the writ petition, the reviewing authority exercising the power u/s 40 A of the Land Reforms and Resumption of Jagirs Act, 1952 ( in short the Act of 1952 hereinafter) has set aside the allotment of the land made in favour of the petitioner vide order dated 24.5.55. The proceedings for review of the order of allotment was initiated vide notice dated 12.6.85 i.e. after a lapse of about 30 years. As per the provisions of Section 40 A of the Act of 1952 , the Board or the Jagirs Commissioner or the Commissioner for Khudkasht Lands may either on an application made, within three months of STATE OF RAJASTHAN & ORS. VS. SRI RAM PRATAP & ORS. (D.B.CIVIL SPECIAL APPEAL (W) NO.5851/08(DR(J)) the 18th January, 1958 or of the date of order, whichever is later, by any interested party or suo moto review an order passed by the Board or by such Commissioner himself or his predecessor in office and pass such order in relation thereto as it or he thinks fit.