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Judgment
Sanjay Kumar Dwivedi, J
Heard the learned counsel appearing on behalf of the petitioner as well as the learned counsel appearing on behalf of the respondent-State.
This petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 07.03.2024 passed by the learned Principal District Judge, Lohardaga, in Civil Appeal No.1 of 2024 whereby the learned court has been pleased to admit the appeal being Civil Appeal No.1 of 2024.
Learned counsel appearing on behalf of the petitioner submits that there is delay of 5075 days in preferring the appeal and the learned court without condoning the delay has been pleased to admit the appeal. He submits that there is illegality in the order and in view of that, the said order may kindly be set-aside.
Learned counsel appearing on behalf of the respondent-State submits that there is no illegality in the order and the learned court has given the reason of admitting the same.
Looking to the contents of the impugned order dated 07.03.2024, the Court finds that the learned court has admitted that there is delay of 5075 days in preferring the appeal and the only ground has been taken for admitting the same that due to lethargic approach of some of the officials such delay has occurred. In the clear term it has not been disclosed that the delay of 5075 days was condoned and thereafter the appeal was admitted and simply the learned court has admitted the same stating the facts.
In view of the above, the order dated 07.03.2024 is hereby modified to the effect that it is open to the petitioner to contest the said appeal on the point of limitation as well as on merit of the appeal.
In view of the above, this petition is disposed of.
Pending petition, if any, also stands disposed of accordingly.