JYOTIRMAY BHATTACHARYA, J. - (1.) BENGAL Land Reforms and Tenancy Tribunal, First Bench on 19th February, 2014 in O.A. No. 46/13 (MA 712/13) (LRTT), the writ petitioner's application for condonation of delay in filing the said tribunal application was rejected by the Learned Tribunal by holding, inter alia, that the writ petitioner was not diligent and the appeal is not a meritorious one.
(2.) THIS finding of the Learned Tribunal regarding merit of the appeal was based on prima facie opinion of the Learned Tribunal. On perusal of the impugned order, we find that the Learned Tribunal itself recorded in the impugned order that the Learned Tribunal did not consider the merit of the said appeal at the time of dismissal of the petitioner's application for condonation of delay. We are thus still at a loss to understand as to how prima facie opinion was formed about the merit of the appeal, without considering the merit of the appeal by the Learned Tribunal. Be that as it may, we find that the appeal was filed beyond the prescribed period of limitation. There was 100 days delay in filing the said application before the Learned Tribunal. It is contended by the petitioner that the order which was sought to be challenged before the Learned Tribunal was passed by the District Land and Land Reforms Officer, Hooghly on 31st July, 2012. It is contended by the petitioner that the petitioner came to know about the said order only on 7th December, 2012 and immediately thereafter, he submitted an application for obtaining the copy of the order passed by the Appellate Authority on 31st July, 2012. On receipt of a plain copy of the said order from the Appellate Authority, the said tribunal application was filed on 7th January, 2013.
(3.) THE explanation for the delay which was so given by the petitioner in his application remains uncontroverted as no affidavit was filed by the respondents disputing the petitioner's knowledge of the said order on 7th December, 2012. By relying upon such uncontroverted statement of the petitioner, we are of the view that delay in filing the said tribunal application has been sufficiently explained by the petitioner. Thus, we are unable to agree with the ultimate conclusion of the Learned Tribunal that delay in filing the said tribunal application was not satisfactorily explained by the petitioner. The impugned order thus stands set aside. Delay in filing the said tribunal application is condoned. Let the tribunal application be registered.;