The petitioner filed a special civil application challenging adjudication and appellate orders dismissing an appeal due to delay. The court held that statutory provisions bar condonation beyond the prescribed period and dismissed the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C/SCA/6682/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6682 of 2018
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VASANT K HIMSU
Versus
UNION OF INDIA
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Appearance:
HIRAK P GANGULY(8002) for the PETITIONER(s) No. 1 NOTICE SERVED(4) for the RESPONDENT(s) No. 1,2,3
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI and HONOURABLE MR.JUSTICE B.N. KARIA
Date : 28/06/2018
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
Page 1 of 2
C/SCA/6682/2018 ORDER
for not preferring the appeal within time was made out. Statute does not permit the Commissioner to condone any delay beyond such period. It is well settled through series of judgments of this Court and Supreme Court that when statute does not permit condonation by the appellate authority beyond a period, the Court cannot direct such authority to do so. It is true that this Court has recognised that even in such a situation in rare and exceptional cases, it may still be open for the person aggrieved to invoke High Court's writ jurisdiction directly against the order of adjudication. In the present case, however, such powers also cannot be exercised. For the delay in approaching the Commissioner, explanation rendered is rather general of the order being lost and there have been some miscommunication between the petitioner and his advocate. However, after the Commissioner dismissed the appeal on 14.10.2005, present petition is filed sometime in February 2018. Thus two and half years passed after the Commissioner showed his inability to condone the delay beyond the prescribed period. The legislative intent is very clear that appeals before the Commissioner must be filed promptly and no appeal can be filed after 90 days i.e. basic period of 60 days and extendable period of 30 days is over.
(AKIL KURESHI, J)
(B.N. KARIA, J)
raghu
Page 2 of 2
1 issue framed by the court
Whether the High Court can exercise writ jurisdiction to condone a delay beyond the statutory period when the Commissioner (Appeals) had already held that the delay was uncondonable.
Vasant K Himsu
Union of India
Akil Kureshi
B.N. Karia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
