Ravi Kumar @ Monu vs Deputy Director Of Consolidation ...
2023 Latest Caselaw 20813 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:156197
 
Court No. - 48
 

 
Case :- WRIT - B No. - 2296 of 2023
 

 
Petitioner :- Ravi Kumar @ Monu
 
Respondent :- Deputy Director Of Consolidation Shamli And 4 Others
 
Counsel for Petitioner :- Sanjay Kumar Pundir,Dhananjay Pundir
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Heard Sri Sanjay Kumar Pundir, learned counsel for petitioner.

2. Petitioner is aggrieved that the Appellate Court under the Uttar Pradesh Consolidation of Holdings Act, 1953 has allowed the application for condonation of delay filed by appellants/respondents herein and condoned the delay of about 38 years without appreciating that it was filed after 29 years of notification issued under Section 52 of the Act of 1953 in filing the appeal.

3. Petitioner is further aggrieved that revision thereof was also dismissed without adverting to legal position.

4. Learned counsel for the petitioner has placed reliance on a short judgment passed by Division Bench of this Court in Hari Ram Vs. Deputy Director of Consolidation, Azamgarh & Ors, 1989 RD 281, that after denotification under Section 52 of the Act, of 1953 authority has no power to re-open the case.

5. I have carefully perused the order passed by Appellate Court as well as of Revisional Court.

6. Appellate Court has allowed the application for condonation of delay while taking a liberal approach.

7. Though the above referred contentions were raised, but the Appellate Court has not given any finding to it. Even the Revisional Court has also not touched the said legal issue.

8. In these circumstances, this writ petition is disposed of with direction that Appellate Court will frame the issue of maintainability of appeal and shall decide it at the first instance after hearing the parties as well as will take note of Hari Ram (supra).

9. Aforesaid exercise shall be concluded within a period of two months from today.

10. It is made clear that this Court has not entered into the merits of the case at this stage.

Order Date :- 4.8.2023

SB