Court No. - 5
Case :- WRIT - C No. - 27203 of 2020 Petitioner :- Rambaran And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pravesh Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Considering the nature of order to be passed in the writ petition, the notices are not being issued to the private respondent.
Heard learned counsel for the petitioners and Sri Vijay Pratap Singh, learned Standing Counsel for the State-respondents.
The petitioners by means of the present writ petition has assailed the order dated 23.11.2020 passed in Revision No. 00802 of 2020, whereby the Commissioner, Prayagraj Mandal, Prayagraj has dismissed the revision of the petitioners on the ground that the delay condonation application is not supported by any affidavit.
Learned Standing Counsel submitted that the order impugned has been passed correctly as no affidavit has been filed by the petitioners in support of delay condonation application.
A perusal of the application under Section 5 of the Indian Limitation Act shows that the petitioners were not aware about the proceedings and as soon as they came to know about the proceedings, they preferred a revision and sought for condonation of delay in filing the revision.
If there was no affidavit in support of Section 5 of the Indian Limitation Act, the Commissioner, Prayagraj Mandal, Prayagraj ought to have in the interest of justice granted atleast one opportunity to the petitioner to file affidavit in support of the delay condonation application. Since the delay condonation application has not been decided on merit and the sole ground for rejecting the application under Section 5 of the Indian Limitation Act that no affidavit is enclosed with the application. In the opinion of the Court, the Commissioner, Prayagraj Mandal, Prayagraj has erred in rejecting the application.
Accordingly, the order dated 23.11.2020 passed by the Commissioner, Prayagraj Mandal, Prayagraj is set aside. The petitioners are granted one month time to file affidavit in support of the delay condonation application. The matter is remitted back to the Commissioner, Prayagraj Mandal, Prayagraj to decide the application under Section 5 of the Indian Limitation Act of the petitioners afresh after giving due notice and opportunity of hearing to all the contesting parties within a period of three months thereafter from the date of production of a copy of this order.
The writ petition is allowed subject to the aforesaid observations.
In view of the fact that due to the pandemic of COVID-19, the certified copy is not being issued by the High Court, therefore, the order downloaded from the website duly certified by learned counsel for the petitioner may be treated as true copy of the order and the Authority may not refuse to comply the order on the ground of non filing of certified copy of the order.
Order Date :- 8.1.2021 Jaswant Digitally signed by Justice Saral Srivastava Date: 2021.01.13 09:27:03 IST Reason: Document Owner Location: High Court of Judicature at Allahabad