The court dismissed an appeal filed by the State of U.P. due to excessive delay beyond limitation. Additionally, the appeal was quashed because the valuation was below the Rs. 2 lakh threshold mandated by the State Litigation Policy.
Appeal dismissed and all pending applications rejected.
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Court No. - 59
Case :- FIRST APPEAL DEFECTIVE No. - 196 of 1999 Appellant :- State Of U.P.And Others Respondent :- Dhatuwa Counsel for Appellant :- S.C. Counsel for Respondent :- D.N. Singh
Hon'ble Surya Prakash Kesarwani,J.
This appeal has been filed by the State-appellants beyond limitation by 280 days alongwith delay condonation application without affidavit.
No cause has been shown in the delay condonation application except stating that the applicants proposes to file an affidavit setting forth the necessary facts to explain the delay caused in presenting the appeal.
Notices on the aforesaid delay condonation application was issued on 18.2.2000 and the appellants were directed to take steps. By order dated 14.7.2000, the appellants were granted three weeks and no more time to take steps to serve the respondents. It does not appear from the record that appellants have either taken steps or filed an affidavit of service. Even affidavit in support of delay condonation application has not been filed disclosing the cause for delay. Therefore, the delay condonation application deserves to be rejected and is hereby rejected. Consequently, the appeal also stands dismissed.
Apart from above, it is also relevant to note that valuation of the appeal is merely 11,884/-. By Government Order No.28/1756/16-सत् त ्ताईस-3-21 वताद/16, dated 28.11.2016, the State Government amended its State Litigation Policy by inserting sub para 6 in para 4 which provides that the State Government shall neither file nor contest such land acquisition appeals which involve valuation of less than Rs. 2 lacs. Therefore, this appeal also deserves to be dismissed being below monetary limit.
In view of the aforesaid, the appeal is dismissed . All the pending applications also stands rejected .
Order Date :- 5.4.2019/vkg
2 issues framed by the court
Whether the appeal filed by the State was within the prescribed limitation period.
Whether the appeal meets the minimum monetary threshold under the State Litigation Policy.
State Of U.P.
Dhatuwa
Surya Prakash Kesarwani
As recorded by the court registry
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