Kunwar Bahadur vs State Of U.P. And 2 Others
2023 Latest Caselaw 21441 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:161675
 
Court No. - 48
 

 
Case :- WRIT - B No. - 2537 of 2023
 

 
Petitioner :- Kunwar Bahadur
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Kailash Nath Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Heard Sri Kailash Nath Singh, learned counsel for petitioner and learned Standing Counsel for State-respondent. Perused the record.

2. The prayer of the petitioner in this writ petition is to direct the Deputy Director of Consolidation, Jaunpur to decide the application u/s 5 of Limitation Act filed by contesting respondent alongwith Revision No. 2020 of 2022-23 (Dharmpal Singh Vs. Kunwar Bahadur) u/s 48(1) of UPCH Act, before deciding the revision on merits".

3. The petitioner has rushed to this court in anticipation that the Deputy Director of Consolidation might not follow the judgment passed by division bench of this Court in the case of Esha Bhattacharjee Vs. Managing Committee of Raghunathpur Nafar Academy and Others (2013) 12 SCC 649 while considering the revision petition filed by the respondents alongwith the condonation of delay application.

4. Learned counsel for the applicant fairly submits that till date he has not filed any objection except a caveat application in this case.

5. In view of the above, since the petitioner has rushed to this court in anticipation, therefore the prayer made in the aforesaid application cannot be accepted. However, the revisional court is always bound to follow the well settled law in regard to consideration of an application of condonation of delay, which is reiterated in Esha Bhattacharjee (supra).

6. The present writ petition is disposed of, accordingly.

Order Date :- 9.8.2023

Vibha