A. Venkatswamy Buchanna, v. The Special Dy.Collector,
HIGH COURT FOR THE STATE OF TELANGANA MAIN CASE No: L.A.A.S.No.342 of 2025 & batch PROCEEDING SHEET 02.
21.04.2025 AKS,J & ETD,J I.A.No.1 of 2025 in L.A.A.S.No.342 of 2025 Transferred to I/O.
folder before corrections.
This application is filed seeking to condone the delay of 5410 days in filing the appeal.
Heard. Perused the record.
Learned counsel for the petitioner had submitted that, as admittedly, the petitioner is a poor farmer and he is uneducated and he is not aware of legal procedure, and thus, there was delay in filing the appeal, the delay may be condoned on payment of some reasonable costs. Learned counsel for the petitioner, in support of his submissions, had relied upon a judgment of the Honourable Supreme Court in Collector Land Acquisition, Anantnag and another v. Mst. katiji and others ((1987) 2 SCC 107), wherein, the Honourable Supreme Court has taken a view that if there is sufficient cause, the delay can be condoned. Learned counsel had also relied upon a judgment of the Honourable Supreme Court in Ningappa Thotappa Angadi v. Special Land Acquisition Officer ((2020) 19 SCC 599), wherein the Honourable Supreme Court has held that the delay in filing the Special Leave Petition cannot be the reason to deny just and fair compensation to the claimants.
Learned Government Pleader appearing for the respondent did not dispute the same and did not oppose for condoning the delay.
A perusal of the record discloses that the petitioner/appellant is a farmer. Thus, the reason stated
by the petitioner that he is illiterate and was unaware of the legal procedures is opined to be a sufficient cause. Therefore, in view of the submissions made and for the reasons stated in the affidavit filed in support of the application, this Court is of the view that it is a desirable case where the delay can be condoned by imposing costs, by duly taking into account the fact that the petitioner is a poor farmer and illiterate.
Accordingly, the delay of 5410 days in filing the appeal is condoned, subject to the condition of payment of costs of Rs.2,000/- (Rupees two thousand only) by the petitioner to the Class-IV Employees Service Association, High Court for the State of Telangana, Hyderabad, within a period of eight (8) weeks from today.
____________ AKS,J ____________ ETD,J L.A.A.S.No.342 of 2025 & batch Appeals are disposed of (vide separate common judgment in L.A.A.S.No.17 of 2025).
B/O.MD