WPMS/342/2019
2022 Latest Caselaw 3898 UK

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                                  WPMS No. 342 of 2019
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Nagesh Aggarwal, Advocate for the petitioners.

This writ petition is directed against the judgment and order dated 11.10.2018 passed by Deputy Director, Consolidation / Additional Collector, Administration, Haridwar in Revision no. 18 of 2017-18. By the said judgment, the revision filed by petitioners was partly allowed, the order dated 13.05.2016 passed by Settlement Officer, Consolidation on delay condonation application of Smt. Sushila was set- aside and the matter was remanded to the Settlement Officer, Consolidation to decide her delay condonation application afresh, after permitting her to supply fresh reasons for condonation of delay.

Learned counsel for petitioners contends that there was delay of more than 18 years in the appeal filed by Smt. Sushila against order passed by Assistant Consolidation Officer. He further submits that the delay was erroneously condoned by Settlement Officer, Consolidation vide order dated 13.05.2016 and against the order passed by Settlement Officer, Consolidation condoning the delay, petitioners had approached the Revisional Court and the Revisional Court concurred with the stand taken by petitioners that there is no valid explanation for such inordinate delay in filing the appeal, yet remanded the matter to Settlement Officer, Consolidation to decide the delay condonation application afresh, in the light of new grounds to be supplied by Smt. Sushila. Thus, he submits that the order passed by Revisional Court on 11.10.2018 is unsustainable.

Heard learned counsel for petitioner and perused the judgment passed by Revisional court on 11.10.2018.

Since learned Revisional Court has merely remanded the matter to Settlement Officer, Consolidation to reconsider respondent's delay condonation application, therefore, this Court is not inclined to interfere with the judgment rendered by the Revisional Court.

Having regard to the facts and circumstances of the case, writ petition is disposed of with a direction to Appellate Court / Settlement Officer, Consolidation to decide the delay condonation application filed by Smt. Sushila, independently on merit, based on material available on record, within six months.

(Manoj Kumar Tiwari, J.) 05.12.2022 Navin