W.P.No. 19972/2011 (Kamraj Jamare..v. ..State of MP & others) 02-12-2011 Heard Shri Bhupendra Mishra, learned counsel for the petitioner on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by order dated 8-11-2011 passed by the Commissioner, Jabalpur Division, Jabalpur, in Case No. 84/B-121/11-12 whereby the appeal filed by the petitioner against the order passed by the Collector, Balaghat, dated 10-6-2011 under the provisions of Madhya Pradesh Panchayatraj Avam Gram Swaraj Adhiniyam, 1993 has been dismissed on account of delay of 112 days in filing the same. It is submitted by the learned counsel for the petitioner that the petitioner was not very well versed with law and, therefore, could not file properly constituted application bringing all facts before the authority along with an affidavit justifying the delay in filing the appeal and, therefore, the appeal filed by the petitioner has been dismissed by the Court below. It is submitted that the ends of justice require that the petitioner be given an opportunity to justify the delay in filing the appeal in view of the law laid down by the Supreme Court in the case of State of Haryana v. Ghandra Mani and others, (1996) 3 SCC 132. Shri Rahul Jain, learned Govt. Advocate, appearing for the State/respondents, per contra, submits that the concerned authority has dismissed the appeal filed by the petitioner as barred by limitation as the petitioner had failed to give any cogent reason for condoning the delay in filing the appeal nor did he file an affidavit in support of his submissions in the appeal before the appellate authority. I have heard the learned Counsel for the parties and perused the record. The Supreme Court in the aforementioned judgment has held that a lenient view should be taken by the authorities while considering the application for condonation of delay and as far as possible the matter should be decided on merits, however, in the instant case the petitioner has not furnished any cogent reason supported by an affidavit with the application for condonation of delay justifying the facts and circumstances under which he could not file the appeal within the prescribed period of limitation. In view of the law laid down by the Supreme Court and keeping the object of doing justice in mind the petition filed by the petitioner is disposed of with direction that in case the petitioner files a fresh appeal along with a duly and properly constituted application for condonation of delay supported by an affidavit giving reasons for not filing the appeal within time before the concerned appellate authority i.e. the Commissioner, Jabalpur Division, Jabalpur, he shall reconsider the same in accordance with law keeping in mind the law laid down by the Supreme Court in the aforementioned case and take a decision thereon accordingly. It is made clear that the aforesaid direction shall be operative only in case the petitioner files the aforementioned appeal along with an application for condonation of delay within two weeks of obtaining a copy of the order passed by this Court today along with a copy of the petition. With the aforesaid directions the petition filed by the petitioner stands disposed of. C.C. as per rules. (R.S.Jha) Judge mct