Single judge order allowing withdrawal of condonation of delay application and consequent dismissal of appeal after accepting apology for false affidavit stating no prior proceedings.
Condonation of delay application withdrawn; appeal dismissed. Apology for false affidavit accepted; counsel cautioned.
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Sr. No.49
HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
CONC No.90/2011 CM No.7022/2021 c/w MA No.9900017/2011 IA No.99001/2011 [D-367/2011]
State of Jammu and Kashmir
...Petitioner(s)/Appellant(s)
Through :- Mr. Ajyaz Lone, Dy. AG.
v/s
One Man Forest Authority and Others
One Man Forest Authority and Others .....Respondent (s) Through :- Mr. R.K.S Thakur, Advocate for respondent Nos. 2 to 7.
Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER 09.09.2021
1. In order dated 09.08.2021 it was observed that the petitioner has sworn a false affidavit that no proceedings/petition had been filed earlier to the filing of instant petition when in fact the petitioner had filed a petition calling in question order dated 25.11.2006 which is impugned in this petition as well. Taking a serious note of the aforesaid situation, the Court directed the Conservator of Forest, East Circle Jammu to remain personally present along with record of the case on the next date of hearing.
2. On 11.08.2021 when the Conservator of Forest, East Circle Jammu appeared in the Court, it was directed by the Court that Shri Suresh Kumar Gupta, the then Conservator of Forest, East Circle, Jammu shall file an affidavit
2 CONC No.90/2011 c/w MA No.9900017/2017
indicating and explaining therein as to why the wrong affidavit appended to the application seeking condonation of delay, has been sworn by him by stating therein that the appellant has not filed any other appeal or any other proceedings before the Court of law including the High Court or the Supreme Court seeking quashment or setting aside of impugned order in the appeal when in fact one of the orders dated 31.03.2006 has been challenged in the writ petition bearing OWP No.98/2007.
3. Pursuant to the aforesaid order, Shri Suresh Kumar Gupta, the then Conservator of Forest, East Circle, Jammu has filed affidavit dated 03.09.2021. In the said affidavit while admitting that he had inadvertently and due to over sight stated in para No.4 of the memo of appeal that appellant had not filed any other appeal or any other proceedings before any Court, tendered an unconditional apology for the error committed by him and prayed that a lenient view in the matter may be taken.
4. Having regard to the fact that the deponent in his affidavit dated 03.09.2021 has tendered an unconditional apology for the error which has been committed by him, the Court is inclined to accept the apology and caution him to remain extra careful while filing pleadings in the Courts.
CM No.7022/2021
1. This is an application filed on behalf of the Conservator of Forest, East Circle, Jammu seeking withdrawal of the application for condonation of delay in filing the appeal as well as the appeal.
2. In view of the circumstances explained in the application, the same
is allowed and the condonation of delay application is dismissed as withdrawn.
3. Consequently, the appeal shall also stand dismissed.
(Sanjay Dhar) Judge
Jammu: 09.09.2021 Surinder
Whether the order is reportable? Yes/No Whether the order is speaking? Yes/No
SURINDER KUMAR 2021.09.10 10:49 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether to condone an error in admitting that no prior proceedings were filed when they were in fact pending.
Whether to grant relief of condonation of delay as per withdrawn prayer.
State of Jammu and Kashmir
One Man Forest Authority
Sanjay Dhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
