- (1.) There is delay of 622 days in filing the Special Appeal, challenging the order of learned Single Judge dated 9.5.2012, by which he has, in exercise of powers under Article 226 & 227 of the Constitution of India, considering the facts of the case, heard the matter ex parte, and while disposing of the writ petition, issued directions to the Revenue Appellate Authority, Bharatpur, to firstly consider whether there were sufficient grounds for condonation of delay in filing the appeal, after about 37 years of the impugned order dated 29.5.1970, and directed that he should decide the matter, on delay, before exercising the jurisdiction to hear the appeal on merits. In the application for condonation of delay, in the accompanying Special Appeal, it is stated that the impugned order 9.5.2012, was filed by the respondents before the Revenue Appellate Authority on 24.2.2014, and that as soon as the appellant acquired the knowledge of the order of learned Single Judge, the present Appeal was filed within 30 days on 22.3.2014.
(2.) The appellant has challenged the order of learned Single Judge, on the ground that in revision, the Revenue Board, vide its order dated 31.10.2011, had directed that the question of delay will be considered, along with merits of the matters, at the time of final hearing. The appellants were not heard by learned Single Judge, whereas he was seriously prejudiced in the order to decide the matter on the question of delay, before the appeal was heard on merits.
(3.) It is admitted that the appellants have taken more than three adjournments, after filing the Special Appeal, alongwith application for condonation of delay.;