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Judgment
Ravi Malimath, J.—The case of the petitioners is that they were allotted sites in terms of a resolution dated 10.08.1998 passed by respondent no. 4-Grama Panchayat. Aggrieved by the same, respondent nos. 5 to 12 filed an appeal before the respondent no. 3-Village Panchayat. By the impugned order, the appeal was allowed and the resolution was set-aside. Hence, the present petition by the allottees. The appeal filed by respondent nos. 5 to 12 is beyond the period of limitation. The appeal should have been filed within a period of 30 days. Admittedly, it is filed after around 11 months. There was no application to condone the delay. Under these circumstances, considering the appeal on merits was wholly without jurisdiction. In fact at the stage of admission, this is exactly what the learned Single Judge observed.
Further, the learned counsel for the respondent is unable to satisfy this court with regard to the same. The record would show that there was no application seeking condonation of delay. Until and unless the delay is condoned, the appeal could not be considered on merits. The order passed is therefore without jurisdiction. Under these circumstances, the writ petition is allowed. The order dated 24.09.2008 passed by the third respondent vide Annexure-C is quashed. Liberty is granted to respondent nos. 5 to 12 to pursue such remedies as available and in accordance with law.
Rule made absolute.