Manak Mohta, J. - (1.) The instant revision petition has been filed against the order of Sessions Judge, Jodhpur dated17.06.08 by which he has dismissed the appeal filed against the order of the District Magistrate dated 20.04.05 , on the point of limitation.
(2.) Brief facts of the case are like that. It is alleged that on 05.11.04 the Enforcement Officer inspected the firm's premises and found some irregularities and illegalities with regard to gas cylinders. In contravention of the Liquefied Petroleum Gas (Regulation of Supplies) Order, 2000 , a case under section 3/7 of the Essential Commodities Act , 1955 (hereinafter referred to as 'the Act') was initiated and 33 gas cylinders, which were found unauthorizedly in occupation and were finally ordered to be forfeited . In this respect impugned order dated 20.04.05 was passed . Against that, the petitioners filed an appeal under section 6-A of the Act. It is revealed that appeal was barred by limitation , therefore, an application under section 5 of the Limitation Act, along with an affidavit in support of the contentions, was also filed with appeal. It is further revealed that the learned Sessions Judge, after considering the point of limitation, registered the appeal subject to objection on point of limitation vide order dated 18.07.05. Notices were issued. Thereafter, on hearing both the sides, vide order dated 17.06.08 dismissed the appeal only on the point of limitation, he has not considered the case on merit. The Sessions Judge found that the delay in filing the appeal was not satisfactorily explained. The said order is under challenge in this revision petition.
(3.) I have heard both the parties.;