(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. This application is made for condoning delay of 251 days in preferring Letters Patent Appeal. After order dated 10.5.2011 of learned Single Judge, sought to be impugned in appeal, the State is stated to have received certified copy on 2nd July 2011. On the other hand, a proposal was sent to the Chief Conservator of Forest on 28th June 2011, who sent proposal to Additional Principal Chief Conservator of Forest on 1st July 2011, who in turn sent the proposal to the Principal Secretary on 21st July 2011 and the Legal Department gave the sanction on 15th December 2011. Thus, the delay of nearly five months in the Legal Department of the Government itself is not even sought to be explained by any explanation. It was, however, submitted by learned AGP, Ms.Bhatt, that on technical ground of limitation a good case on merits ought not be deprived of hearing by this Court. Therefore, reference was made to the judgment sought to be challenged and it was found that it is rendered upon challenge to an award of the labour Court by invoking Articles 226 and 227 of the Constitution. Even as the labour Court concerned was not made a party to the proceeding before learned Single Judge, it is clearly stated in the impugned judgment itself that the Court was not inclined to exercise its powers under Article 227 of the Constitution.
2. In view of above facts and circumstances, neither any explanation for delay, much less a satisfactory explanation for the delay, is tendered in the application nor the appeal being maintainable, the application is summarily dismissed.
(D.H.Waghela, J.) (Mohinder Pal, J.) *malek Top