Mithai Devi vs D.D.C., Camp-Phaenda, ...
2014 Latest Caselaw 4457 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - B No. - 39290 of 2014
 

 
Petitioner :- Mithai Devi
 
Respondent :- D.D.C., Camp-Phaenda, Maharajganj And 2 Others
 
Counsel for Petitioner :- B.D. Pandey
 
Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava
 

 
Hon'ble Anjani Kumar Mishra,J.

Heard Sri BD Pandey, learned counsel for the petitioner and Sri A.K. Srivastava, who has filed caveat on behalf of respondent no. 3, the sole contesting respondent.

This writ petition arises out of proceedings for allotment of chaks and is directed against the order dated 11.6.2014 passed by the Deputy Director of Consolidation, Camp Pharenda, Maharajganj (the DDC), whereby the revision filed by the contesting respondent has been allowed.

Amongst other submissions made on the merit of the order, primary submission is that the revision itself was barred by time. The DDC has allowed the revision without condoning the delay. It is, therefore, submitted that till such time the delay in filing the revision is condoned, the DDC had no jurisdiction to entertain into the merit of the controversy between the parties.

Time had been granted to learned counsel for the parties to verify as to whether any separate order was passed on the order sheet or was available on the file  of the court below  condoning the delay in filing the revision because there is no consideration of question of delay in the impugned order itself. After due inquiry, it is admitted to the counsel that, in fact, there is no order condoning the delay in filing the revision.

In view of the above admitted position and without entering into the merits of the rival claim, the impugned order deserves to be set aside and matter deserves to be remanded back to the DDC to first consider the point for condonation of delay in filing the revision.

Accordingly, I set aside the order dated 11.6.2014 and remand the matter back to the DDC to pass fresh orders on the Section 5 application as also the revision in accordance with law, after hearing all concerned parties. It is further provided that the DDC shall complete this exercise preferably within a period of 3 months from the date of production of certified copy of this order before him/her. It is further provided that for a period of 3 months from today, the parties shall maintain status quo as existing on the spot on date.

Order Date :- 14.8.2014

SKS