KAMLESH Vs. MANGESH KUMAR

JUDGEMENT

(1.) By means of this writ petition, petitioner has sought quashing of order dtd. 24/8/2023 passed by learned Deputy Director of Consolidation Haridwar in Revision No.33 of 2023 'Smt. Kamlesh v. Mangesh Kumar and another' whereby the said revision was dismissed. Petitioner has also challenged the order dtd. 9/6/2023 passed in Appeal No.05 of 2022-23 'Mangesh Kumar v. Smt. Kamlesh', whereby the Settlement Officer (Consolidation) has allowed the delay condonation in the appeal and proceeded to hear the matter on merits.

(2.) It is the case of petitioner that the land which is the subject matter of the proceedings was mutated in the revenue records in the name of petitioner on 15/2/2014 in Case No.90. The said order was challenged by the respondents in the year 2016 by filing an appeal under Sec. 11(1) of the U.P. Consolidation of Land Holdings Act, 1953 before the Settlement Officer (Consolidation) Camp Roorkee. By reason of judgment dtd. 9/6/2023, learned Settlement Officer (Consolidation) condoned the delay of 02 years and four months. It is feeling aggrieved by the condonation of delay, petitioner challenged the said order in Revision Petition being Revision No.33 of 2023 before the Deputy Director of Consolidation/Addl. Collector (Administration) Haridwar.

(3.) The main ground of challenge by the petitioner in the revisional Court was that the learned Settlement Officer (Consolidation), while condoning the delay, has not given any reason as to why the delay of 02 years and 4 months could be condoned. The Deputy Director of Consolidation by his order dtd. 24/8/2023 dismissed the revision and affirmed the order passed by the Settlement Officer Consolidation whereby the delay was condoned. Hence this petition.