2006 (11) TMI 710

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....v. 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 that ME. No. 24/88-89 was effected on the....

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....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 for the petitioner, Learned Counsel appeari....

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....ell 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 arise as the appellate authority would get jur....