Haider And 3 Others vs Deputy Director Of ...
2023 Latest Caselaw 7709 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - B No. - 2263 of 2022
 

 
Petitioner :- Haider And 3 Others
 
Respondent :- Deputy Director Of Consoldiaitoin And 5 Others
 
Counsel for Petitioner :- Mohd. Aslam Khan,Mohd. Mateen Khan
 
Counsel for Respondent :- C.S.C.,Sudhir Kumar Shukla
 

 
Hon'ble Chandra Kumar Rai,J.

Heard Mr. Mohd. Aslam Khan, learned counsel for the petitioners, Mr. Sudhir Kumar Shukla, learned counsel for respondent no. 4.

Learned counsel for the petitioners submitted that appeal filed under Section 11 of U.P. Consolidation of Holdings Act, 1953 alongwith a prayer for condonation of delay of 49 years has been dismissed on the ground of limitation saying that day to day delay has not been explained in filing the appeal. Learned counsel for the petitioners submitted that delay has been properly explained but the appellate court as well as the revisional court has failed to examine the delay condonation matter, in accordance with law. He further placed reliance upon the judgment of the Supreme Court reported in AIR 1987 S.C., page 1353 in order to demonstrate that liberal view should be taken in the delay condonation matter. He further submitted that basis of the claim of the petitioners is the registered sale deed, which was executed in favour of the petitioners' father alone as such the respondents' claim for co-tenancy in the self acquired property of the petitioners' father was against the law.

On the other hand, learned counsel for respondent no. 4 submitted that inordinate delay in filing the appeal i.e. 49 years as such the delay cannot be condoned. He further submitted that petitioners and the respondents are family members so it cannot be said that petitioners were not aware about 49 years in respect to the order passed by the Consolidation Authority.

Matter requires consideration as to whether the title appeal filed by the petitioners can be dismissed on technical grounds .

Issue notice to respondent nos. 5 and 6.

Contesting respondent nos. 4, 5 and 6 shall file their counter affidavit within a period of four weeks.

Petitioners will file their rejoinder affidavit within two weeks thereafter.

List this case on 12.05.2023 in the additional cause list.

It made clear that case shall be finally decided on next date.

Order Date :- 16.3.2023/Ruhi