1985 (7) TMI 347

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....ction 5 of the Limitation Act, 1963 can be invoked for condoning the delay in the filing of an appeal before the Collector under section 90 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 - Act 21 of 1950 (hereinafter called 'the Act'). The facts which have led up to the present controversy may now be briefly set out. The Revenue Divisional Officer, Adilabad declared the respondent- Tanaji to be the owner of an extent of 6 acres, 39 guntas comprised in Survey Nos. 289 and 290 of Hasnapur village under section 38-E of the Act on the ground that he (the respondent) was a "protected tenant". Though an appeal lay to the Collector under section 90 of the Act against the said order passed by the Revenue Division....

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....ara Rao & Anr. A.I.R. 1978 A.P. 166. In that decision the Division Bench of the High Court had taken the view that the Limitation Act applies only to proceedings before a Civil or Criminal Court and since the Collector before whom an appeal is filed under section 90 of the Act is not a Civil or Criminal Court, the provisions of the Limitation Act, 1963 have no application to the proceedings before him unless there is express provision in the special enactment where under the Collector is exercising appellate jurisdiction, making any particular section of the Limitation Act specifically applicable to such proceedings. It was further held by the Division Bench that section 93 of the Act, as it then stood, made applicable to proceedings before....

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....section 90 of the Act not being a Court, the Limitation Act, as such, had no applicability to the proceedings before him. But even in such a situation the relevant special statute may contain an express provision conferring on the appellate authority, such as the Collector, the power to extend the prescribed period of limitation on sufficient cause being shown by laying down that the provisions of section 5 of the Limitation Act shall be applicable to such proceedings. Hence it becomes necessary to examine whether the Act contains any such provision entitling the Collector to invoke the provisions of section 5 of the Limitation Act for condonation of the delay in the filing of the appeal. The only provision relied on by the appellant in thi....