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Punjab-Haryana High Court

State Of Punjab Through Land ... vs Amrao Singh And Another on 8 July, 2011

Author: Ram Chand Gupta

Bench: Ram Chand Gupta

C.M.No.7515-CI of 2011 in
RFA No.3291 of 2011(O&M)                                       -1-

IN THE HIGH COURT             OF PUNJAB           AND     HARYANA         AT
                             CHANDIGARH.

                                    C.M.No.7515-CI of 2011 in
                                    RFA No.3291 of 2011(O&M)
                                    Date of Decision: July 8, 2011

State of Punjab through Land Acquisition Collector, Punjab, PWD (B&R),
Jalandhar
                                                .....Applicant-appellant
                              v.

Amrao Singh and another
                                                   .....Respondents

CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA

Present:     Ms.Kavita Arora, AAG, Punjab
             for the applicant-appellant.
                    .....

RAM CHAND GUPTA, J.(Oral)

C.M.No.7515-CI of 2011 There is delay of 840 days in filing the present regular first appeal. The ground taken by the applicant-appellant is that reference was decided by learned Additional District Judge, Ropar, on 6.11.2008 and, however, copy was applied by the concerned District Attorney on 6.3.2010. There is no explanation whatsoever as to why copy was applied after expiry of 1-1/2 years from the date of pronouncement of judgment by learned Additional District Judge. Perusal of certified copy attached with this appeal shows that copy was prepared on 9.3.2010 and the same was delivered on 13.3.2010 and thereafter the present appeal was filed on 24.5.2011.

Hence, even if, all the averments made in the application and the affidavit filed on behalf of the applicant-appellant-State are taken to be correct, no ground, what to talk of sufficient ground is made out for C.M.No.7515-CI of 2011 in RFA No.3291 of 2011(O&M) -2- condoning the inordinate delay of 840 days in filing the present appeal.

Hence, the present application for condonation of inordinate delay of 840 days in filing the present appeal is without any merit and the same is hereby dismissed.

RFA No.3291 of 2011

The present appeal is dismissed as having not been filed within prescribed period of limitation.



8.7.2011                                          (Ram Chand Gupta)
meenu                                                  Judge