Hari Swarup, J. - (1.) -This petition has been filed against the judgment of the District Judge, by which he refused to entertain the petitioners appeal under Section 21 of the U. P. Imposition of Ceiling on Land Holdings Act (hereinafter referred to as the Act). The Compensation Officer had passed an order under Section 21 (1) of the Act determining compensation. The order was passed on 2-1-1972. An appeal against that order could have been filed within ninety days of the order. The appeal was, however, filed on 19-9-1972. The appeal was rejected as barred by limitation. The U. P. State has filed this petition through the Deputy Commissioner challenging the correctness of the order of the District Judge dismissing the appeal as barred by limitation.
(2.) Certain facts are relevant. The order was sent to the Commissioner on 25-1-1972 and the matter was reported to the Assistant Commissioner on 9-2-1972. The Assistant Commissioner summoned the file from the Deputy Commissioner on 21-2-1972 which was received on 21-3-1972. The Assistant Commissioner thought it necessary to make spot inspection for determining whether the compensation awarded by the Compensation Officer was justified and whether an appeal be filed. He made the spot inspection on 3-5-1972. He then became busy with some other work and sent the report to the Secretary of the Board of Revenue. The matter remained pending with the Secretary Board of Revenue and was ultimately sent to the State Government for orders regarding filing of the appeal on 30-6-1972. The State Government sent back the papers for filing the appeal on 29-8-1972 and the appeal was filed on 19-9-1972.
(3.) On the facts mentioned above the learned District Judge took the view that sufficient cause had not been shown for condoning the delay; according to him there was no explanation by the Assistant Commissioner for not conducting the spot inspection within the period of limitation for filing the appeal. According to him there was also not sufficient explanation about the sending of the matter to the Board of Revenue and for subsequent delay.;