1983 (12) TMI 330

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Syed, learned Counsel for the respondents. 3. The Prescribed Authority constituted under the U.P. Imposition of Ceiling on Land Holdings Act determined the compensation payable to respondents 3 to 6 for acquisition of the surplus land and trees in the amount of Rs. 90,637. 20 p. The State of U.P. having been dissatisfied with this quantum of compensation assessed by the Prescribed Authority pre....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....9, 1972 and that prima facie it was barred by limitation. The learned District Judge noted the fact that the allegation that Lekhpal and Sadar kanungo were in collusion with the answering respondents does not carry conviction. The learned District Judge further held that the explanation for not filing the appeal in time is not very convincing and that even though the concerned department had the k....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rigid and inflexible view of jurisdiction under Article 227 ultimately leading to injustice. This is what the High Court says : May be, if I had considered the matter as the court of first instance I might have taken a different view, but unless it can be held that the view taken by the learned District Judge was not a plausible view that cannot be reversed in exercise of the powers under....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n to dispose of the appeal on merits . 6. Respondents 3 to 6 are dragged to this Court through no fault of theirs. Though in the facts of the case they ought not to have very seriously contested the application made by the appellant for seeking condonation of delay in preferring the appeal, However, as discretion is exercised in favour of the appellant, it is just and proper that the appellant ....