- (1.) Heard Mr. Akshat Choudhary, the learned counsel for the applicant/appellant and Mr. R.D. Rastogi, learned counsel for the respondent No.1.
(2.) The instant application is one under Section 5 of the Limitation Act, 1963 for condonation of delay of 1443 days in filing the accompanying appeal preferred against the judgment and order dated 06.08.2009, passed in S.B. Civil Writ Petition No.3857/2003.
(3.) In substance, it has been averred in the application that after obtaining a certified copy of the judgment and order dated 06.08.2009, the Officer-in-Charge of the case had forwarded the file to the concerned administrative authorities for further action. While mentioning that meanwhile the Jaipur Development Authority, Jaipur has also preferred an appeal against the same judgment and order and that the same has been admitted and an order for maintaining status-quo of the property involved has been passed on 22.11.2010, the applicant-State has contended that the belated appeal has been filed on the basis of revised legal opinion. According to the applicant, as the appeal filed by the Jaipur Development Authority, Jaipur has already been admitted, if the delay is condoned and the State appeal is admitted as well, it would not result in any prejudice to the respondent No.1.;