2006 (11) TMI 710 - HC - Indian Laws

Court sets aside decision, remits case for reconsideration, emphasizes notification requirement for appeal delays.

B. Bhadragiri Gowda Versus The State of Karnataka and Ors.

The court allowed the writ petition, setting aside the Deputy Commissioner's decision confirming the Assistant Commissioner's order. The case was remitted ... - Issues involved: Appeal against order passed by Deputy Commissioner dismissing revision and confirming order by Assistant Commissioner after condoning delay in filing appeal.Summary:The writ petition was filed challenging the order passed by the Deputy Commissioner, Bangalore District, which dismissed the revision and upheld the order of the Assistant Commissioner, Ramanagaram sub-division. The petitioner contended that the Assistant Commissioner erred in entertaining the appeal after a delay of 14 years without notifying the respondents. The court noted that condoning delay without notice to the respondents is improper as the appellate authority must consider sufficient cause for delay after notifying the parties. The order of the Assistant Commissioner was deemed erroneous, and the Deputy Commissioner's decision confirming it was set aside. The case was remitted back to the Assistant Commissioner for fresh disposal in accordance with the law.The main contention raised in the writ petition was that the Assistant Commissioner entertained the appeal after a significant delay of 14 years without notifying the respondents. The court emphasized that condoning delay without issuing notice to the respondents is against established legal principles. It was held that the appellate authority must assess whether sufficient cause exists for condoning the delay after notifying the parties involved. Since the delay was condoned without proper notice, the order of the Assistant Commissioner was deemed erroneous.The court observed that the order passed by the Assistant Commissioner, which was confirmed by the Deputy Commissioner, was unsustainable due to the improper condonation of delay without notifying the respondents. It was emphasized that the appellate authority gains jurisdiction to decide on the appeal only after the delay is properly condoned in accordance with the law. Therefore, the decision to set aside the order of the Assistant Commissioner and remit the case for fresh disposal was made to ensure compliance with legal procedures.In conclusion, the writ petition was allowed, and the order passed by the Deputy Commissioner confirming the Assistant Commissioner's decision was set aside. The case was remitted back to the Assistant Commissioner for reconsideration after affording the petitioner an opportunity to file objections to the application for condonation of delay. The parties were directed to appear before the Assistant Commissioner on a specified date for further instructions.