- (1.) An application under Section 5 of the Limitation Act has been submitted for condonation of delay of 607 days in Special Appeal (def) No. 4026/10. Since the other connected special appeal No. 906/09 having foundational order which is under challenge is in time therefore, in the fitness of the case, we deem it fit to condone the delay.
(2.) These Special Appeals are preferred against the order passed by the learned Single Judge dated 10.4.2008 in Municipal Board, Kishangarh v. Ganesh Bhoomi Sansthan and Ors. SB Civil Writ Petition No. 7572/07 by which the learned Single Judge dismissed the writ petition of the Municipal Board, Kishangarh challenging the order dated 3.4.2007 passed by the Revenue Minister in the revision petition filed by the Respondent No. 1 Ganesh Bhoomi Vikas Sansthan. The Respondent No. 1 preferred the revision against the order of Collector dated 16.9.87 whereby; land of 14 bigha 11 biswas of Khasra No. 1140/2 was set apart and transferred to the then Municipal Board, presently the Municipal Council, Kishangarh. This order dated 16.9.1987 was set aside in the revision by the Hon'ble Minister.
(3.) The learned Revenue Minister set aside the said order dated 16.9.1987 on the ground that the land in question was purchased by the Respondent No. 1 in public auction conducted by the official liquidator appointed by the Company Judge in the company petition under the provisions of the Companies Act, 1956 and same was confirmed by the order of the learned Company Judge dated 10.1.85 in the liquidation proceedings against Sumer Electricals, therefore, same land after two years could not have been set apart by the District Collector and could not have been given to Municipal Board.;