Allahabad High Court
Vijay Kumar And Ors. vs D.D.C. District Sultanpur And Ors. on 28 February, 2020
Author: Rajan Roy
Bench: Rajan Roy
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 19 Case :- CONSOLIDATION No. - 5892 of 2020 Petitioner :- Vijay Kumar And Ors. Respondent :- D.D.C. District Sultanpur And Ors. Counsel for Petitioner :- Ravindra Shukla Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J.
Heard.
Admittedly against the order dated 24.9.1977 passed by the Consolidation Officer under section 9-A(2) of the U.P. Consolidation of Holdings Act 1953 an appeal was filed by the petitioners on 23.2.2016 i.e. after more than 39 years, accordingly it was dismissed on the ground of limitation.
From the pleadings it is also not clear as to who was recorded in the basic year khatauni in respect of the Gata in dispute nor as to whether the petitioners filed any objection under section 9-A(2) prior to publication under section 10 so as to avoid the bar of section 11-A of the Act 1953.
It is the admitted case that the consolidation operations were denotified under section 52 of the Act 1953 long back. Apart from the bar of section 11-A of the Act 1953 there is absolutely no plausible, acceptable and satisfactory explanation for the inordinate delay of more than 39 years in preferred the appeal, therefore, in these circumstances if the S.O.C. and D.D.C. have dismissed the appeal and revision of the petitioner, they cannot be said to have committed any error nor could any such error on fact or in law be pointed out by the petitioner. The writ petition is accordingly dismissed.
(Rajan Roy, J.) Order Date :- 28.2.2020 A.Nigam