- (1.) THIS petition has been filed challenging the order dated 31-10-2011 passed by the Board of Revenue (herein after 'the Board') upholding the orders dated 18-9-2009 and 5-5-2011 passed by the Revenue Appellate Authority Bharatpur, whereby the RAA Bharatpur held that it would hear both the application for condonation of delay as also the appeal on merits simultaneously, even though the appeal before it against the order dated 29-5-1970 was filed after a delay of 37 years in the year 2007.
(2.) HEARD learned counsel for the petitioner, and perused the material available on record of writ petition including the order dated 18-9-2009 and 5-5-2011 passed by the RAA Bharatpur and the impugned order dated 31-10-2011 passed by the Board. It is trite that an appeal to be maintainable should be filed within the statutory period of limitation. Beyond the period of limitation an appeal is not competent and its hearing without jurisdiction until the delay in filing the appeal condoned in accordance with the provisions of the Limitation Act, 1963. An appeal filed after 37 years from the date of the impugned order in the instant case is not competent unless the delay in filing of appeal is condoned in accordance with law. The only prayer of the petitioner's counsel is that the appeal be heard, if necessary, only subsequent to decision of the application for condonation of delay and not simultaneously therewith as simultaneous hearing of appeal would tantamount to rendering the Limitation under the governing Act for filing appeals redundant. Counsel for the petitioner submits that until the delay is condoned, the appellate authority would have no jurisdiction to hear an appeal. He submits that simultaneous hearing of the appeal with the application for condonation of delay is without jurisdiction. Having heard the submission of counsel for the petitioner, I am of the view that the writ petition should be disposed of the with the direction to the Revenue Appellate Authority Bharatpur to first decide the application for condonation of delay in filing the appeal by the respondents No.3 to 12, taking into consideration the objections thereto by the petitioner herein Mahendra Kumar Sharma before proceeding to hear the appeal on merits. Appeals are creatures of statute, where the statute provides limitation for filing an appeal, such limitation binds the appellate authority until law allows for condonation of delay. But condonation of delay in filing the appeal has to precede the hearing of the appeal. Condonation alone makes an otherwise incompetent appeal, a valid appeal. Consequently, it is directed that only if the Appellate Authority Bharatpur finds sufficient grounds for condoning the delay in filing the appeal after about 37 years of the impugned order dated 29-5-1970, he should exercise the jurisdiction to hear the appeal on merits.
(3.) THE writ petition stands disposed of accordingly. Stay application also stands disposed of.;