- (1.) The matter comes up on an application (22973/2009) filed by the appellants under section 5 of the Limitation Act. The registry had pointed out that the instant appeal is time barred by 228 days.
(2.) The impugned order was passed by the learned Single Judge on 26.03.2009. The present appeal was filed on 18.12.2009. It is averred in the application by the appellants that after obtaining certified copy of the order dated 26.03.2009, the officer-in-charge had put up the file before the higher authorities for seeking instructions as to whether appeal was to be filed against the order of learned Single Judge or not. Further, it is averred in the application that the department had thought it proper to file appeal against the impugned order and, accordingly, sent the file to the Government Counsel. Learned Government Counsel had opined, on 21.10.2009, to comply with the order passed by the learned Single Judge, instead of filing a special appeal. The file was again sent to the concerning authorities who had decided to file appeal in the present case.
(3.) Apart from it, it has also been averred in the application for condonation of delay that the Hon'ble Apex Court had given verdicts that the matter should be disposed of on merits rather than on technical grounds. Some case law have also been cited by the appellants.;