c/y i ^ IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. (S) N0. ^^A /2010 PETITIONER RESPONDENTS ^s^ 2' ^'^^\°'^ -^y /l] ^ ^ ^" - 3] ^' 4] 5] ^6] Sudama Ram Gupta, S/o. Ram Lakhan Gupta, aged about 55 years, R/o. Sitapur, Surguja, District Surguja (C.G.) VERSUS State of Chhattisgarh, Through: Secretary, Tribal Welfare Department, D.K.S. Bhawan, Raipur, District Raipur (C.G.) District Election Officer-cum- Returning Officer, 01-Surguja (^. ^f.^Tr.), District Surguja (C.G.) Collector, Surguja, Surguja (C.G.) District Chief Executive Officer, Zila Panchayat, Surguja, District Surguja (C.G.) Block Education Officer, Sitapur, District Surguja (C.G.) Commissioner, Surguja Division, Ambikapur, District Surguja (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA T 3TT^T^I F^Tli<=h 3?^T ^RW^ft^ ^ ^S^ ^ll^ttd^i, ^Tl1<1^<o* fa^tKiy 3TTOT ^S^f! k) - {? C^)^"^ci^/2^l O 1Rl^cr(l ^b^Jcb **"* T^F^ 200 fgR^sr 'STT^T'^H^R ^rf^T SB : Hon'ble Shri Manindra Mohan Shrivastava. J. 11-05-2011 Shri V. A. Goyerdhan, counsei Shri N. NahaRoy, Panel Lawy^ 3&5to.6. Heard. Bythis petition, the petitioner h^ and validity of order dated 02-06-2qi0 Commissioner, Surguja Division, Am^ikapur, the appeal filed by the petitioner agc dismissed as barred by limitation. 1}3r the petitioner. ^r forthe State/respondents No.1 to 2010 $s catted in question the correctness (Annexure P-1) passed by the District Surguja, by whioh, (inst the order of penalty has been Learned counsel for the fiied by the petitioner was barred b\ ought to have afforded one application for condonation of delay| relies upon the judgment dated 29-0-) Petition (S) No.2843 of 2010 (4 ChhattfBgarh & Others), wherein ji| appeal was dismissed as barred by appeal is a valuable right of the aprfi dismissed on technical ground. St^te On the other hahd, learned Stal remedy of appeal could be availed by| period and even though, the appetlat^ delay in view of the provisions oon1] Servioes (Classification, Control & ^Nt^^l-t ^I^K^I*^ '^'3ti^W3TI^T i^^Tf.Pt^K petitjo|ier argues that even if, the appeal limitatjon, the appellate authority oppoj-tunity to the petitioner to move In support of his submission, he 1-2011 passed by this Court in Writ {^Qjeshwar Tirkey vs. Stete of an identical situation, where the limitation, it has been held that the jellant and the same should not be counsel submitsthat the statutory fiiing the appeal within the stipulated authority has power to oondone the flained in Rule 25 of the C.G. Civil Ap^eal) Rules, 1966, in the absence of !'^^ tfe-< ^^^^ ^" T 1 &r:^^ 1 ' - I. ^^-^ 1 • . ^_^y'XI-HC-22 ^ ^ "%^s> ^TT^T^T f<rtJ5b ^n^i ^nw^rft^ Tumane ~3^[ r^|^H<4, ^-dl^l^, fa<ni^y 3TI^?T 'CR^ ^.^>M^^I^IO ^ITHCftT ShHJGh "f"""T^ 200 Iq^sr" ^T^fT'^TT^R ^rft^T - 2- there being any application for cond for the appeltate authority to considei where the appeal was filed beyonc) application for condonation of dela| barred by limitation, the order p^ quashed granting opportunity to expj the return filed in the case of Rajes^ in the present oase also. CM^(<rt^1T1 T=ITR^?f ^ 'f^St if^^K i7 3Tf^FT 371^?T snation of delay, there is no occasion condonation of delay. in the case of Rajeshwar 77^y(supra), in identical fact situation, the period of iimitation without any ^ and the appeal was dismissed as ssed by the appeltate authority is tain the delay in filing appeat. In fact,' war Tirkey (supra) has been adopted tn view ofthe aforesaid decisl authority dated 02-06-2010(Annexur^ of law and is hereby quashed. M| appetlate authority is restored to itsj iiberty to make an apptication explaif the appellate authority i.a the consider the same in accordance ^ case on merits, expeditiously. Accordingly, the writ petitiorj above. jon, the order passed by the appetlate jr^ P-1) cannot be sustained in the eye tmo of appeal preferred tefore the jonginal file. The petitioner is granted |iing the delay in filing the appeal and C|ommissioner, is further directed to ^ith iaw and thereafter, consider the is allowed to the extent indicated Sd/- Manindra Mohan Shrivastava Judge l-ft^^r