Punjab-Haryana High Court
Gram Panchayat Faijalipur vs Roshan Lal And Others on 2 May, 2024
Author: Alka Sarin
Bench: Alka Sarin
2024:PHHC:061009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
118 CR No.1061 of 2024
Date of Decision : 02.05.2024
Gram Panchayat Faijalipur ....Petitioner
VERSUS
Roshan Lal and Others ....Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Talim Hussain, Advocate for the petitioner.
ALKA SARIN, J. (Oral)
1. The present revision petition has been filed impugning the order
dated 13.07.2017 passed by the First Appellate Court. It is apt to note that
the present revision petition has been filed on 31.01.2024 that is after about
six and a half years of passing of the impugned order.
2. The brief facts relevant to the present case are that the suit was
filed by the plaintiff-respondent Nos.1 and 2 for declaration to the effect that
BPL list issued by the defendants for allotting plots to the socially and
economically backward persons of village Faiz Alipur was nonest and non-
operative being against the principles of natural justice and further prayed
for injuncting the defendants from allocating the aforesaid plots to the non-
deserving individuals as also for mandatory injunction directing the
defendants to incorporate the names of the plaintiff-respondent Nos.1 and 2
in the aforesaid list. The said suit was decreed vide judgment and decree
integrity of this order/judgment
CR No.1061 of 2024 -2- 2024:PHHC:061009
dated 06.08.2015. For 11 months the defendant-petitioner (Gram Panchayat)
chose not to challenge the said judgment and decree. The appeal before the
First Appellate Court was filed after a delay of 11 months. In the application
for condonation of delay, it was stated that the wife of the plaintiff-
respondent was a Panch and that in collusion with the earlier Sarpanch the
appeal was not filed on time. On 24.07.2015 the Panchayat was dissolved by
the Government and in 2016 new Sarpanch was elected and it was only in
May 2016 that this fact came to the knowledge of the new Sarpanch when he
received an application from the District Development and Panchayat
Officer, Narnaul. On 13.07.2017 the appeal was dismissed by the First
Appellate Court on the ground of delay. Since 13.07.2017 the defendant-
petitioner (Gram Panchayat) chose to keep quiet and not challenge the order.
The present revision petition has been filed on 31.01.2024.
3. Learned counsel for the defendant-petitioner would contend
that the earlier Sarpanch and wife of the plaintiff-respondent were in cahoots
and therefore the appeal was not filed challenging the judgment and decree
dated 06.08.2015 passed by the Trial Court and it is after the fresh elections
that the present appeal was filed which led to a delay in filing the appeal
before the First Appellate Court.
4. Heard.
5. In the present case the appeal was filed before the First
Appellate Court after a delay of 11 months for which no cogent reason was
given except that no information was given by the earlier Sarpanch. The
impugned order of dismissal of the appeal by the First Appellate Court on
integrity of this order/judgment
CR No.1061 of 2024 -3- 2024:PHHC:061009
the ground of limitation was passed on 13.07.2017 and the present revision
petition challenging the said order was filed on 31.01.2024 that is after an
inordinate delay of six and a half years. A perusal of the present revision
petition reveals that there is not even a whisper explaining the delay as to
why the petitioner did not challenge the impugned order from 2017 till
January 2024. On a pointed query put by the Court, learned counsel for the
defendant-petitioner (Gram Panchayat) is also not in a position to explain the
delay except that there was some miscommunication. The said ground is
absolutely unacceptable. Though no limitation is prescribed for filing a
revision petition under Article 227 of the Constitution, the same should be
filed within reasonable time and without unreasonable delay and if there is a
delay then that should be duly and satisfactorily explained.
6. In view of the above, I do not find any merits in the present
revision and the same is accordingly dismissed. Pending applications, if any,
also stand disposed off.
( ALKA SARIN )
02.05.2024 JUDGE
jk
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
integrity of this order/judgment
