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Judgment
This appeal is barred by time having been presented
after 448 days. An application seeking condonation of
delay is also filed.
The appellant challenged the allotment of a piece
of Gomal land measuring 16 acres 16 guntas in favour of
the fourth respondent in the year 2003 by filing W.P.
No.3788 of 2015.
The Hon''ble Single Judge, vide order dated June
24, 2015, dismissed the said writ petition on the premise
that the petition was in the nature of public interest
litigation. The appellant did not challenge the said order
initially. However, he filed a separate writ petition as a PIL,
being W.P.No.43169 of 2015. A Division Bench of this
court, vide order dated September 19, 2016, dismissed the
said writ petition on the ground of delay, as the allotment
was of the year 2003, and there was no good ground made
out to condone the inordinate delay.
After the dismissal of the said writ petition, the
appellant has now challenged the order passed by the
Hon''ble Single Judge dated June 24, 2015 in W.P.No.3788
of 2015.
Admittedly, the land was allotted to the fourth
respondent in the year 2003. A Division Bench of this
court has already considered and dismissed the public
interest litigation on the ground of delay and the same has
attained finality.
We have heard Mr.H.Subramanya Jois, learned
senior advocate, appearing for Mr.B.K.Soodi, learned
advocate for the appellant.
We do not see any ground to condone the delay.
Therefore, the application seeking condonation of delay is
dismissed.
Consequently, the appeal, also, stands dismissed.
We make no order as to costs.
However, the dismissal of this appeal shall not
come in the way of the appellant to make a separate
application to the Government seeking allotment of any
alternate land.