Sukhpreet Singh v. State Of Punjab And Others

the present case, the appeal preferred by the petitioner against the order dated 21.09.2022 (Annexure P-3) passed by the learned was dismissed by the learned Divisional Canal

Officer, Bathinda vide order dated 22.02.2022 (Annexure P-4), on the ground of delay. The subsequent appeal filed by the petitioner before the learned Superintending Canal Officer was also dismissed vide order dated 13.04.2023 (Annexure P-5), thereby, affirming the order passed by the learned Divisional Canal Officer.

6.

A perusal of paragraph No.3 of the application dated 17.02.2023 seeking condonation of delay in filing appeal before learned Divisional Canal Officer (copy whereof was shown during the course of hearing) as well as from a perusal of paragraph No. 5 of the writ petition reveals that the petitioner has explained the reasons for filing the appeal beyond the prescribed period of limitation. In paragraph No.5 of writ petition, the following averment has been made :- "

x - x - x - x - 5.

That petitioner was under the impression that respondent No.4 had reserved the order on 21.09.2022 and the same will be conveyed to the petitioner by the concerned partwri. But when the concerned partwari had distributed the turns among the share holders of the said water channel, at the point of time petitioner had verified about the same and had lateron come to know that order has already been pronounced on 21.09.2022. Thereafter, certified copy of the said order was applied on 16.02.2023 and the same was made available on the 16.02.2023 itself. Thereafter, petitioner had filed an appeal before respondent no.3 without any further delay on 17.02.2023 against the order dated 21.09.2022. A separate application for condonation of delay was also filed as for the reasons mentioned above, the same could not be filed within the limitation. Respondent no.3 vide its impugned order dated 22.02.2023 had dismissed the application for condonation of delay as well as the main appeal filed by the petitioner on the ground of limitation."

6.2 Consequently, the appeal filed by the petitioner is restored to its original number and status before the learned Divisional Canal Officer, Bathinda, who shall decide the same on its own merits, within a period of three months from the date of appearance of the parties