NARENDRA KUMAR Vs. BOARD OF REVENUE AT ALLAHABAD

JUDGEMENT

(1.) This petition is directed against order of Board of Revenue accepting recommendation of Commissioner that appeal filed against ex-part order was within time. On 14-2-69 Tahsildar directed expunction of opposite party's name. Against this order appeal was filed on 27-5-69. The appellate authority held that opposite party having got the information on 25-4-69 there was no justification of file appeal on 27-5-69. In revision the Commissioner held that limitation to file appeal was to be computed from the date when opposite party came to know of the order and as appeal was with in thirty days from the date of knowledge it was within time.

(2.) It has been argued by learned counsel for Petitioner that for purpose for computing limitation it was the date of order which was material and the Board of Revenue committed and error in computing limitation from the date of knowledge. The argument has no substance as opposite party was not impleaded before Assistant Collector. He could not know of the order. The limitation in such a case runs from the date of knowledge. Moreover it is settled that date of order means date of communication of order. As opposite party come to know of the order on 25th April, 1969 he could file appeal within 30 days A part form Board of Revenue has remanded the matter and directed the Assistant Collector to decided the inpute after hearing both parties on merits in accordance with law. The order being eminently just and fair does no tall for any interface form this court.

(3.) In the result petition fails and is dismissed. There shall be no order as to costs.