Court No. - 29
Case :- WRIT - C No. - 14318 of 2018 Petitioner :- Nagendra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Omkar Nath Rai Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents-State.
This petition for writ is preferred to question correctness of the order dated 30th October, 2017 passed by the Commissioner, Gorakhpur Division, Gorakhpur rejecting the appeal preferred by the petitioner against an order dated 28th March, 2006 being barred by limitation.
Suffice to mention that in the appeal aforesaid, a challenge was given to the order dated 28th March, 2006 passed by the Prescribed Authority under Urban Land (Ceiling and Regulation) Act, 1976.
As per the petitioner he failed to file the appeal for a period of about 10 years due to serious ailment of his father. No details have been given in the application preferred under Section 5 of the Limitation Act about nature of ailment and other impediments those restrained the petitioner from filing the appeal.
It is well settled that to have condonation of delay the party concerned is required to satisfy the court about justifiable reasons and that too on day to day basis. A mere vague statement about ailment of some family member is not an explanation that can be accepted to condone a huge delay of 10 years.
As already stated in the case in hand, the delay is of 10 years and no adequate explanation is given to cause the same. The writ petition as such does not require any interference under Article 226 of the Constitution of India and the same is dismissed.
Order Date :- 30.4.2018 Bhaskar (Jayant Banerji, J.) (Govind Mathur, J.)