- (1.) We have heard the learned Counsel for the parties. We have gone through the statements and averments made in the petition as well as averment made in the opposition. We find that delay has been sufficiently explained and the explanation given by the department has not been controverter and cannot be controverter. It is a common knowledge that department is to act with the help of the officials who are not always diligent as no individual interest is involved. Therefore, the application for condonation of delay is allowed. Accordingly, the delay is condoned. However, this order will be effective subject to payment of cost assessed at 100 GMs to be paid by the appellant to the learned Advocate-on-record of the respondent. This payment shall be made within a period of fortnight from the date of receipt of the copy of this order. It is made clear that this matter will appear in the list one week hence for admission hearing. If the cost is not paid as directed above then appropriate order shall be passed by this Court.
(2.) The application is disposed of. All parties are to act on a Photostat signed copy of this order on the usual undertakings.;