The Land Acquisition Officer vs Sri. Ramanna and Another

N.K. Patil, J.—Misc. Cvl. No. 18764/2009 is filed by the Appellant for condonation of delay in filing the application for recalling the order dated 17th June 2009 and Misc. Cvl. No. 18766/2009 is filed by the Appellant for recalling the order dated 17th June 2009.

We have heard learned Additional Government Advocate appearing for the Appellant and learned Counsel appearing for first Respondent/claimant, Sri. G. Ravishankar, for M/s. A.V.G. Associates.

3 Learned Additional Government Advocate appearing for the Appellant, at the outset submits that, when the appeal had come up for consideration before this Court on 17th June 2009, this Court had passed a conditional order, granting four weeks'' time to do the needful, failing which the appeal would stand dismissed without further reference to bench. Immediately when they came to know of the conditional order passed by this Court, they took steps to file an application for condoning the delay as well as for recalling the said order. But, the delay application filed by the Appellant was returned with office objections, stating that the Appellant has failed to mention the number of days of delay in filing the appeal, along with other objections.

Learned Additional Government Advocate submits that the delay has in fact, been satisfactorily explained and sufficient cause is shown. Mere non mentioning of the number of days of delay cannot be the basis of rejection of the application. Further, he submits, complying with the office objections, at this stage, may not be appropriate in this particular case, for the reason that, the present appeal arises of the common judgment and award passed by the Reference Court, where, the connected matters have already been disposed of by this Court on merits. Therefore, he submits that the said submission may be placed on record and the delay may be condoned, order dated 17th June 2009 may be recalled and the appeal may be disposed of following the decision of this Court dated 28th June 2011 passed in M.F.A. No. 3023 of 2009 and connected matters (The Land Acquisition Officer and Assistant Commissioner, Chikmagalur. v. Lokamma and Anr.).

In reply to the same, learned Counsel appearing for first Respondent/claimant, fairly submits that for the reasons stated in the affidavits accompanying the applications filed for condonation of delay and recalling the order and also recording the submission of the learned Additional Government Advocate, as stated supra, both the applications may be disposed of.

In the light of the submission of the learned Counsel appearing for both the parties and for the reasons stated in the affidavits accompanying the applications. Misc. Cvl. 18764/2009 for condonation of delay is allowed. Delay in filing the recalling application is condoned and Misc. Cvl. 18766/2009 for recalling the order is allowed. Order dated 17th June 2009 is recalled.