High CourtsDIVISION BENCH(2017) 07 RAJ CK 0001

State of Rajasthan vs Anaturam S/o Shri Jaskaran Sharma

Rajasthan High Court · Decided on 4 July 2017

HON’BLE JUDGES
Govind Mathur, Vinit Kumar Mathur
RESULT
Dismissed
CASE NUMBER
46 of 2016

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Judgment

5 paragraphs · 247 words
1.

This appeal is barred by limitation from 233 days. An application is preferred to have condonation of delay in filing the appeal.

2.

From perusal of the facts stated in the application, it reveals that the writ petition was accepted by learned Single Bench on 12.03.2015 and a copy of the judgment impugned was obtained on 17.03.2015. Matter then was forwarded to the competent authority to have opinion and a decision to file appeal was taken on 24.11.2015. The appeal then was presented on 04.01.2016. No reason is given that why the delay occurred even after having a decision to file appeal.

3.

Pertinent to notice that even after having decision to file appeal, the appeal was presented after a lapse of more than 60 days which is a period of limitation prescribed to file a special appeal.

4.

In entirety, we are not at all satisfied with the reasons given in the application to have condonation of delay. It is well settled that a party seeking condonation of delay in agitating its cause is required to satisfy delay on day to day basis. In the instant matter, what to talk of submission of explanation on day to day basis, no reason is given for causing delay of months together.

5.

It is relevant to notice that an appeal of similar nature too has been dismissed by this court by the order dated 06.05.2016 on the count of delay. The instant appeal is also dismissed accordingly.