BUDH SINGH Vs. ADDITIONAL COLLECTOR, HARIDWAR

JUDGEMENT

(1.) HEARD Shri Sharad Sharma, Learned Counsel for the Petitioner, learned C.S.C. and Sri. andan Arya, Learned Counsel for the Respondents.

(2.) BY the present writ petition the Petitioner has prayed for a writ of certiorari quashing the orders dated 31 -03 -1993 and 29 -05 -1989 passed by the Respondents Nos. 1 and 2.

(3.) THE Petitioner filed his objection stating therein that for the last 40 years there is a grove of the Petitioner and the same continued before the Zamindari Abolition & Land Reforms Act came into force. The Petitioner was also examined by the lower court regarding his occupation for the last 40 years over the land in dispute. On 29th May, 1989 the Tehsildar has passed the order directing the eviction of the Petitioner. Aggrieved by the said order the Petitioner has preferred a revision before the Collector, district Haridwar on 15 -01 -1992. While filing the revision, the Petitioner has also filed an application for condonation of delay on the ground that he was not aware about the order passed in the year 1989 and he came to know when the Amin went on the spot. The revisional court has passed the order refusing to condone the delay. However, after deciding the question of limitation he proceeded to hear the case on merits.