IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 8535 of 2010. Date of decision: 10.08.2011 ___________________________________________________ Champa Devi …. Petitioner. Versus State of HP & Ors. ….. Respondents. Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting? No. For the petitioner: Mr. O.P. Sharma, Sr. Advocate with Mr. K.R. Kashyap, Advocate. For the respondents: Mr. Vivek Singh Thakur, Addl. AG with Mr. Rajesh Mandhotra, Dy. AG for respondents No.1 & 2. Mr. Ashok Chaudhary, Advocate for respondent No.3. ______________________________________________________ Deepak Gupta, J.(Oral). 1. The only question involved in this case is, whether the appeal filed by the petitioner before the Addl. District Magistrate, Kangra at Dharamshala was filed within time or not. 2. Admittedly, the order of appointment was issued on 13th August, 2007. As per the rules, the appeal was to be filed within 15 days. Even, if the date of the order is excluded, 15 days time would expire on 28th August, 2007. 3. A Division Bench of this Court in CWP No. 3261 of 2010, titled as Sunita Devi Vs. State of HP and others decided on 2.7.2010 held as follows:- ___________ Whether the Reporters of Local Papers may be allowed to see the judgment Yes. 2 ”19. Another legal contention is as to whether the Appellate Authority has power to condone delay in filing appeal. The Guidelines provide a period of 15 days for filing an appeal. Being a statutory authority, in terms of the Policy Guidelines, the Appellate Authority does not have the power under Section 5 of the Limitation Act. No power is conferred also in the guidelines for condonation of delay. Therefore, he cannot enlarge the time, by condoning delay in filing the appeal. In other words, if an appeal is not filed within the prescribed time, it has only to be dismissed, since the Appellate Authority has no power to condone the delay in filing the appeal.” 2. The Division Bench clearly held that the Appellate Authority has no power to condone the delay in filing the appeal. Therefore, there is nothing wrong in the impugned order. Admittedly, the appeal was filed after 15 days. Therefore, as per law laid down by this Court, there was no other option with the Appellate Authority, but to dismiss the appeal. 3. According to the petitioner, the appeal was filed on 27th August, 2010, this does not appear to be correct, since the endorsement of the Reader was very clear that appeal was filed on 29th August, 2010. 4. Mr. O.P. Sharma, learned Sr. Advocate requests that this Court may exercise its extraordinary powers to condone the delay. Once the statutory period of limitation is provided and the Division Bench has held that if the appeal is not filed within the prescribed time, it has only to be dismissed, there is no power even with this Court to condone the delay. Therefore, the petition is dismissed. No costs. (Deepak Gupta) Judge August 10, 2011. (Krn Guleria) 3