2023 (11) TMI 509

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..... ..For the Petitioner Mr. Ratan Banik, Mr. Bishwaraj Agarwal. .. For the Respondent no. 4 Mr. Bikramaditya Ghosh, Ms. Bedashruti Bose. .. For the State ORDER Heard learned counsels for the parties. The order passed by the appellate authority on 15th February, 2023 dismissing the appeal preferred by the petitioner, on the ground of limitation, is assailed in the writ petition. A ....

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....otice on 2nd February, 2023 directing him to explain the said delay. The petitioner sent a reply to the notice on 8th February, 2023. By the order impugned dated 15th February, 2023, the appeal preferred by the petitioner was dismissed solely on the ground of limitation. Merits of the petitioner's case were not considered by the authority. The show-cause notice dated 2nd February, 2023 indicate....

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....se that deliberately the appellant had presented the appeal beyond the condonable period. Therefore, while exercising jurisdiction under Article 226 of the Constitution this Court can examine the factual circumstances and grant appropriate relief as the appellate remedy is a very valuable remedy since the appellate authority can re-appreciate the factual position. Thus, for such reason, we are inc....