Uttarakhand High Court
WPMS/1579/2025 on 27 June, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:5478
Office Notes,
reports, orders or
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Date COURT'S OR JUDGE'S ORDERS
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WPMS/1579/2025
Hon'ble Manoj Kumar Tiwari, J.
Mr. Ankurit Raj David, Advocate for the
petitioner.
2. Mr. K.N. Joshi, Deputy Advocate General
with Mr. Dinesh Bankoti, Brief Holder for the
State of Uttarakhand.
3. Proceedings under Public Premises
(Eviction of Unauthorised Occupants) Act, 1972
were initiated against petitioner by issuing notice
under Section 4(1) thereof. Petitioner entered
appearance in the proceedings pending before
Prescribed Authority, but he did not file any
objection. Prescribed Authority/Sub Divisional
Magistrate, Kotdwar passed eviction order against
the petitioner on 14.03.2024.
4. After more than a year, petitioner filed an
appeal under Section 9 of the aforesaid Act
accompanied by a delay condonation application.
5. Learned Additional District Judge rejected
the delay condonation application vide order dated
20.02.2025. Thus, feeling aggrieved, petitioner
has approached this Court seeking the following
relief:-
“i) Setting-aside the impugned judgment and
order dated 14/03/2024 (Contained as Annexure
no. 1 to this writ petition) passed by the learned
Sub Divisional Magistrate, Kotdwar Garhwal in
Public Premises Case No. 02/2013 “State V/s
Maan Singh” U/s 4/5 of U P Public Premises
(Eviction of Unauthorized Occupants) Act and
2025:UHC:5478
order dated 20/02/2025 (Contained as Annexure
no. 2 to this writ petition) passed by Additional
District Judge, Kotdwar, District- Pauri Garhwal
in Misc Civil Case No. 05/2025″ Maan Singh V/s
State of Uttarakhand” U/s 5 of the limitation
Act.”
6. Learned counsel for the petitioner submits
that learned Additional District Judge was not
justified in rejecting the delay condonation
application, as the delay was neither deliberate nor
intentional.
7. Per contra, learned State Counsel submits
that the cause shown by the petitioner for the
delay was not sufficient, as petitioner participated
in the proceedings before Prescribed Authority
and he was also represented by a counsel,
therefore, the stand taken by him that he was not
aware about the eviction order passed by
Prescribed Authority was not tenable in the eyes
of law. Learned State Counsel supports the order
passed by Appellate Court on petitioner’s delay
condonation application.
8. Learned Appellate Court has considered the
cause shown by the petitioner for the delay and
held that it is not sufficient for condoning the
delay. It is held that petitioner’s counsel cross-
examined the revenue officials, who had
submitted report against him before the Prescribed
Authority in the year 2018, and thereafter
petitioner did not participate in the proceedings;
the Prescribed authority heard the matter ex-parte
on 20.10.2022 & 04.1.2024 and passed the
2025:UHC:5478
eviction order on 25.01.2024, however, petitioner
did not care to enquire about the said proceedings.
It is further held that stand taken by petitioner that
he learned about eviction order only on
25.01.2025 cannot be believed. Thus, learned
Appellate Court inferred that petitioner was not
diligent and the delay caused in the matter cannot
be termed as beyond his control.
9. It is well settled that length of delay is not
material, but the reasons stated therefor are
material. The reasons adduced must be convincing
and acceptable. The cause shown by the petitioner
for the delay can hardly be said to be reasonable
or satisfactory, therefore, learned Appellate Court
was justified in rejecting the prayer for
condonation of delay.
10. Since condonation of delay is discretionary
and the reasons assigned by Appellate Court for
refusing to exercise discretion are valid, therefore,
this Court is not inclined to interfere with the
order dated 20.02.2025 passed by learned
Appellate Court while exercising supervisory
power under Article 227 of the Constitution.
11. The writ petition fails and is dismissed.
(Manoj Kumar Tiwari, J.)
27.06.2025
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