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Judgment
This appeal is barred by limitation from 233 days. An
application is preferred to have condonation of delay in filing the
appeal.
From perusal of the facts stated in the application, it reveals
that the writ petition was accepted by learned Single Bench on
12.03.2015 and a copy of the judgment impugned was obtained
on 17.03.2015. Matter then was forwarded to the competent
authority to have opinion and a decision to file appeal was taken
on 24.11.2015. The appeal then was presented on 04.01.2016. No
reason is given that why the delay occurred even after having a
decision to file appeal.
Pertinent to notice that even after having decision to file
appeal, the appeal was presented after a lapse of more than 60
days which is a period of limitation prescribed to file a special
appeal.
In entirety, we are not at all satisfied with the reasons given
in the application to have condonation of delay. It is well settled
that a party seeking condonation of delay in agitating its cause is
required to satisfy delay on day to day basis. In the instant
matter, what to talk of submission of explanation on day to day
basis, no reason is given for causing delay of months together.
It is relevant to notice that an appeal of similar nature too
has been dismissed by this court by the order dated 06.05.2016
on the count of delay. The instant appeal is also dismissed
accordingly.