Leave granted.
By the impugned order, the High Court has condoned the delay of nine
years and five months in filing the writ appeal and allowed the appeal on merits.
Having heard learned counsel for the parties and perused the records,
especially the petition for condonation of delay filed in writ appeal, we are of the view
that no sufficient cause was shown for condonation of delay of nine years and five
months and, as such, the High Court was not justified in condoning the delay and
allowing the appeal. In our view, in the facts and circumstances of the present case,
the writ appeal should have been dismissed on the ground of delay.
Accordingly, the appeal is allowed, impugned order rendered by the
Division Bench of the High Court is set aside, petition for condonation of delay filed
in filing the writ appeal is dismissed and the appeal filed before the High Court is
dismissed as barred by limitation.
[G.S. SINGHVI] New Delhi, January 07, 2009.