Sudhir Agarwal, J. - (1.) This appeal is barred by limitation by 2 years and 11 days hence an application under Section 5 of Limitation Act, 1963 (hereinafter referred to as "Act, 1963) seeking condonation of delay in filing appeal has been filed. The appeal is directed against the judgment dated 15.05.2007 passed by Special Judge, Essential Commodities Act/Additional District Judge, Jhansi, in Civil Appeal No.107 of 2002 arising out of Original Suit No.139 of 1998.
(2.) Heard learned Standing Counsel and perused the record.
(3.) The explanation furnished in the affidavit filed in support of delay condonation application is that after passing of impugned judgment, the department concerned sought opinion from District Government Counsel (Civil), Jhansi, and after receiving the same, direction was given by District Magistrate to Tehsildar, Jhansi to seek permission from A.L.R., High Court Allahabad, whereafter official concerned approached A.L.R. Allahabad, who adviced that appeal could only be filed after obtaining permission from Law Department. Thereafter opinion was sought vide letter dated 15.12.2007 from State Government, which ultimately granted on 06.04.2009. There is no explanation for such a long delay on the part of Government in granting permission. Even thereafter, this appeal has been presented before this Court on 2.10.2009 i.e. after more than five months from the date permission was granted by State Government, and, virtually, I do not find any satisfactory explanation for this delay after permission was granted by State Government.;