ORDER 1. The present petition has been filed against order dated 29.5.2019 (Annex.-P-1) by which the appeal of the petitioner was dismissed. 2. Undisputedly, an appeal was preferred against order dated 16.5.2018 passed by Naib Tahsildar allowing the application of the respondent preferred under section 131 of the M. P. Land Revenue Code, 1959. The appeal has been dismissed only on the ground of delay. The order passed by the appellate authority dismissing the appeal is on record and the same reveals that the application preferred under Section 5 of the Limitation Act was rejected as there was a delay in filing the appeal. There was a delay of 4 months and 15 days in filing the appeal. 3. Learned counsel for the petitioner has argued before this Court that in all fairness the appeal should have been decided on merits as its a case relating to valuable rights of the petitioner in respect of right of way/land and on account of unavoidable circumstances, he was not able to prefer the appeal in time. Day to day delay was also explained, however, the appellate authority has dismissed the appeal in a mechanical manner. 4. Learned counsel for the respondent has opposed the prayer and has argued before this Court that the application for condonation of delay was rightly rejected and as a consequence of which the appeal was also dismissed. 5. This Court after hearing learned counsel for the parties and after going through the record is of the opinion that the appellate authority should have decided the appeal on merits as the petitioners have given cogent reasons for not filing the appeal in time. In light of the aforesaid, the matter is remanded back to the appellate authority for deciding the same on merits in accordance with law. The parties shall appear before the appellate authority on 2.12.2019. With the aforesaid, writ petition stands allowed. .....................