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Judgment
KULDEEP TIWARI, J. (Oral)
The petitioner, by way of instant writ petition, as cast under Article 226/227 of the Constitution of India, assails the order dated 22.03.2022 (Annexure P-5), passed by the Collector (ADC), Faridkot, vide which, he was fastened with the liability of Rs.3,29,838/- on account deficient stamp duty, and also the order dated 09.11.2022 (Annexure P-8), whereby, the appeal preferred by him, has also been dismissed by the Commissioner, Faridkot Division-respondent No.2.
Learned counsel for the petitioner, while referring to the order dated 09.11.2022, submits that the Appellate Authority failed to appreciate the valid reasons spelt out by the petitioner in the application seeking condonation of delay, thereby, illegally dismissing the appeal on the ground of delay and laches only. He further submits that the Appellate Authority proceeded with the matter only by taking into account the number of days, by which the appeal of the petitioner was barred, and did not adjudicate any of the grounds raised in the application. Therefore, the order passed by the Appellate Authority suffers from apparent perversity, and is liable to set aside.
On the other hand, learned State counsel, while protecting the legality of the order, submits that, in fact, the delay of 137 days in filing the appeal was intentional, and therefore, the Appellate Authority committed no error, while dismissing the same on the ground of delay alone.
This Court has heard learned counsel for the parties, and has also perused the record.
What emerges from a careful scrutiny of the order dated 09.11.2022, is that none of the grounds raised in the application for condonation of delay was adverted to by Appellate Authority. It is not disputed that the appeal filed by the petitioner was barred by as many as 137 days, but the Appellate Authority was also obliged to deal with each and every ground pleaded in the application, before arriving at any conclusion, which, as indicated above, it failed to.
At this juncture, it would be apposite to refer to the relevant part of the order dated 09.11.2022:-
“After hearing the arguments of the Ld. Counsel for the appellant and after perusing the record, I have reached on the conclusion that there is delay in filing the appeal. No reasonable explanation has been given rather in the application filed under the Limitation Act, the date of preparation of the certified copy has been mentioned as to be 28.04.2022 and the date of issuance has been mentioned to be 19.05.2022. The Ld. Lower Court had prepared the copy on 28.04.2022 but the order of the Ld. Lower Court is Dated 22.03.2022 and the application submitted for obtaining the certified copy was filed on 20.04.2022 with a delay of 29 days and the copy was prepared on 28.04.2022. But there is delay of 137 days in total in filing the appeal which has been filed on 13.09.2022. From this, it is clear that there has been willful delay in filing the appeal. So, by not condoning the delay in filing the appeal, the present appeal is dismissed”
A bare perusal of the abovesaid findings leads this Court to a definite conclusion that the Appellate Authority grossly erred in law, while leaving the grounds raised by the petitioner unadjudicated, which resulted in passing of a non-speaking order. Therefore, the impugned order dated 09.11.2022, being totally cryptic, cannot withstand the test of judicial scrutiny, and the same is set aside.
Consequently, the matter is remitted to the Commissioner, Faridkot Division, Faridkot-respondent No.2, to deal the grounds raised by the petitioner in his application for condonation of delay, and pass a speaking order, in accordance with law. The parties concerned or their respective counsel, are directed to cause appearance before respondent No.2, on 24.08.2026 at 11:00 AM, whereupon, the latter shall make an endeavour to decide the matter preferably within three months, after affording adequate opportunity of hearing to them.
With the abovesaid observations, the petition stands disposed of.