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2023 DIGILAW 466 (MP)

Rampal v. Deendayal

2023-04-06

RAVI MALIMATH, VISHAL MISHRA

body2023
ORDER 1. For the reasons assigned, I.A.No.12130 of 2022 - an application for condonation of delay in filing the appeal is allowed. The delay is hereby condoned. 2. This appeal is filed being aggrieved by the order dated 5.4.2022 passed by the learned Single Judge in Misc. Petition No.211 of 2019. In terms whereof, the writ petition was entertained on the ground that the authority i.e. the Upper Commissioner, Shahdol has rejected the appeal filed by the writ petitioners therein on the ground of delay. 3. That the appeal preferred by the writ petitioners was dismissed by the Commissioner on the ground that the appeal was barred by the limitation. No application was filed by the writ petitioners for condoning the delay. Therefore, the appeal was dismissed. Keeping in mind the facts and circumstances involved, the learned Single Judge directed that the writ petitioners be permitted to file an application for condonation of delay and the same may be considered by the appellate authority. However, the same was allowed on payment of cost of Rs.14,000/- to the respondents. Questioning the same, the instant appeal is filed. 4. On hearing learned counsels, we do not find any substance in the appeal. The order passed by the learned Single Judge is to permit the writ petitioners to file an application seeking condonation of delay. The appellants herein have very well an opportunity to oppose the condonation of delay. Not with standing the same, in order to do equity in the matter, the learned Single Judge has also ordered payment of Rs.14,000/- to the appellants herein and substantial justice has been done. We do not find any good ground to entertain this appeal. 5. The writ appeal is accordingly dismissed.