Sanjay Karol, J. (oral)
We find that petitioner's statutory appeal, assailing order dated 10.09.2012 passed by Collector Sub Division, Nahan, stands rejected by the Divisional Commissioner, Shimla solely on the ground of appeal being time barred and not having been filed within limitation.
2. Having heard learned counsel for the parties, we are of the considered view that in the given facts, petitioner has sufficiently explained the delay in filing appeal. As such, delay ought to have been condoned. We order accordingly. Consequently, we remand the matter back to the Divisional Commissioner, Shimla Division with a direction to decide the appeal, after affording due opportunity of hearing to all concerned. Needless to add, all grounds raised by the petitioner in appeal or as may be raised subsequently, shall be considered by the Divisional Commissioner while deciding the appeal. Liberty granted to the petitioner to place other additional material before the Divisional Commissioner. We direct that during the pendency of appeal, petitioner shall not be dispossessed except in accordance with law.
With the aforesaid observations, present petition stands disposed of, so also pending application(s), if any. Copy dasti.