Vimlesh Singh vs Deputy Director Consolidation ...
2023 Latest Caselaw 7228 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - B No. - 270 of 2023
 

 
Petitioner :- Vimlesh Singh
 
Respondent :- Deputy Director Consolidation And 10 Others
 
Counsel for Petitioner :- Sanjeev Kumar Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Dinesh Pathak,J.

Re: Civil Misc. Correction Application No. 2 of 2023

Heard learned counsel for the applicant and perused the record.

It appears that instant correction application has been moved under some misconception. In the 3rd paragraph of the order dated 30.1.2023, it is categorically observed that the matter should be decided in the light of the ratio decided by Division Bench of this Court in the case of Ram Prakash Vs. Deputy Director of Consolidation reported in 2022 (3) ADJ 1 (LB) (DB). The relevant paragraph No. 22 of the said judgment is quoted hereinbelow;

"22. In view of the aforesaid discussion, we answer the question referred to the Division Bench that an application seeking condonation of delay has to be decided first before the appeal is taken up for hearing on merits. However, it can be on the same day and there is no requirement of adjourning the hearing of appeal on merits after acceptance of the application seeking condonation of delay."

As such, the instant correction application is disposed of with a direction to decide the matter as observed above.

Order Date :- 13.3.2023

vinay