STATE OF U P & ORS Vs. RAM PRASAD & ORS
LAWS(ALL)-2016-4-242
HIGH COURT OF ALLAHABAD
Decided on April 01,2016

State Of U P And Ors Appellant
VERSUS
Ram Prasad And Ors Respondents

JUDGEMENT

- (1.) Heard learned Standing Counsel for the applicants-appellants and perused the record.
(2.) This is an application seeking condonation of delay in filing the appeal which is reported to have been filed with a delay of 337 days. The appeal is directed against judgment and order dated 09.11.1995 passed by District Judge, Bulandshahar in Land Acquisition Reference No. 415 of 1991.
(3.) Delay has been sought to be explained in the affidavit accompanying this application by stating that the certified copy of the judgment was made available on 05.01.1996 and the opinion of D.G.C. (Civil) was received on 06.02.1996. The reference was made to Executive Engineer with regard to proposal of filing appeal and permission was received on 26.04.1996. On 14.08.1996 the matter was referred by Special Land Acquisition Officer to State Government and permission from Government was granted vide letter dated 07.10.1996. However, the appeal has been filed in February, 1997, i.e., after about four months from the date of permission, without giving explanation therefor. The entire explanation apparently is perfunctory, shallow and shows sheer recklessness on the part of authorities concerned. It appears that they were under an impression that with whatever delay they may file appeal the Court should condone the same as a matter of right even if they have not been careful enough in prosecuting the case.;


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