High Court of Judicature at Allahabad
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Omwati v. State Of U.P. & Others - WRIT - C No. - 53811 of 2007  RD-AH 17505 (6 November 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Janardan Sahai, J
Heard counsel for the petitioner and learned standing counsel. Counsel for the parties agree that this writ petition may be disposed of finally at this stage.
The fair price agreement of the petitioner was cancelled by order dated 31.7.2007 passed by the Sub Divisional Magistrate, Sambhal, District Moradabad. Against that order the petitioner filed an appeal. There was some delay and the appeal was filed along with an application under Section 5 of the Limitation act. In the application which was supported by an affidavit it was stated that the petitioner was suffering from jaundice and therefore the appeal could not be filed. In the affidavit, the petitioner has described herself as widow. The application has been rejected by the Commissioner, Moradabad Division, Moradabad on the ground that there was no substantial explanation for the condonation of delay. There is nothing to show that there was counter affidavit filed to the petitioner's application. In the facts and circumstances it is appropriate that the petitioner ought to have given opportunity to contest the appeal on merits as there was nothing to show to rebut the averments of her illness. In the circumstances the order of the Commissioner dated 1.9.2007 is set aside. The delay is condoned. The Commissioner may decide the appeal on merits.
The writ petition is allowed.
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