Time barred appeal under mp land revenue code whether condonable under limitation
Anil Kr Garg
(Querist) 21 February 2015
This query is : Resolved
I applied to SDO for diversion of my agricultural land. One person objected stating that he has a right to purchase this land from me under a disputed and expired MOU. This was rejected by SDO and diversion approved on 27/8/14.
With a certified copy dtd 3-11-14, objector filed an appeal on 16-1-15 with application for condonation of delay u/s 5 of Limitation Act. Reason cited is that I was assuring me of not using the diversion order and hence, he did not file apeal.
I want to know whether Collector under Land Revenue Court is empowered to grant this application, and whether Collector would be considered as "Court" u/s 5 of Limitation Act. Time limit for appeal is 30 days from date of order only.
adv. rajeev ( rajoo )
(Expert) 21 February 2015
To condone the delay reason quoted by the appellent is not good ground
Devajyoti Barman
(Expert) 21 February 2015
Yes, this is no ground to ask for condonation of delay. Cite some other reasons.
Rajendra K Goyal
(Expert) 23 February 2015
The reason for con donation of delay may not be accepted.
