SHARDA PRASAD SHUKLA Vs. DINESH SHUKLA

JUDGEMENT

(1.) Petitioners would assail the order passed by the Board of Revenue on 28/8/2015, which in turn, was preferred to challenge the order passed by the Additional Collector, Bilaspur on 31/12/2014 condoning the delay of 14 years, 4 months and 8 days in preferring the appeal by Dinesh Shukla, Rajesh Shukla and Smt. Annapurna Tiwari.

(2.) It appears, Sub-Divisional Officer (R), Bilaspur passed an order on 31/7/1999 in revenue case No.653/A-2/98-99 in favour of petitioner Sharda Prasad Shukla and two others for an area ad-measuring 6585.5 sq. feet bearing Kasra No.265/54 situated at village Kududand, Bilaspur directing diversion of the land for residential purposes. Bare perusal of the said order dtd. 31/7/1999 (Annexure P-4) would reveal that while passing the order, the respondents were neither issued any notice nor were afforded any opportunity of hearing. Challenging this order, the respondents No.1 to 3 preferred an appeal before the Additional Collector, Bilaspur in January, 2014 along with an application under Sec. 5 of the Limitation Act specifically pleading that they had no knowledge about the order which came to their notice on 7/1/2014 when property papers were demanded from respondent No.1 about the deletion of the name of Suniti Devi. They immediately verified the revenue records on 8/1/2014 to become aware about the order.

(3.) Prayer for condonation of delay was objected by the petitioners on the ground that in the registered deed of partition dtd. 12/10/2001 as also in the agreement between the parties on 10/3/1999, the subject property was mentioned, therefore, the respondents No.1 to 3 were aware of the order and the enormous delay of 14 years, 4 months and 8 days does not deserve to be condoned.