2006 (11) TMI 710

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.... Nos. 1-4 and Narendra Gowda, Adv. for Respondent No. 8 ORDER V.G. Sabhahit, J. 1. This writ petition is filed being aggrieved by the order passed by the Deputy Commissioner, Bangalore District dated 5.5.2003 dismissing the revision and confirming the order passed by the Assistant Commissioner, Ramanagaram sub-division, Ramanagaram dated 28.6.2002. 2. It is the case of the petitioner t....

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....on of the petitioner in the writ petition is that, Assistant Commissioner could not have entertained the appeal after the lapse of 14 years and set aside the entry made in ME. No. 34/88-89 and no reasons are assigned for condoning the delay and delay is condoned without notice to the petitioners who are respondents before the Assistant Commissioner. 4. I have heard the Learned Counsel appearing....

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....onation of delay in filing the appeal. It is well settled that when there is delay in filing the appeal, the question as to whether sufficient cause has been made out for condoning the delay shall be considered after issuing notice to the respondents and question of condoning the delay even without issuing notice to the respondents and entertaining the appeal and issuing notice in appeal does not ....

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.... by the Assistant Commissioner, Ramanagaram sub-division, Ramanagaram dated 28.6.2002 is set aside and the order passed by the Assistant Commissioner, Ramanagaram sub-division dated 28.6.2002 in RA.LKP.89/01-02 is set aside and remitted to the Assistant Commissioner, Ramanagaram sub-Division, Ramanagaram to consider the application for condonation of delay after affording opportunity to the petiti....