LAKHI CHAND Vs. DEPUTY DIRECTOR OF CONSOLIDATION GHAZIPUR

JUDGEMENT

(1.) THE present writ petition has been filed against an order dated 12-7-1982 passed by the Deputy Director of Consolidation, Ghazipur.

(2.) THE short facts of the case are that the opposite party No. 3 filed a time barred objection on 14-11-1981. THE said objection was accompanied by an application under Section 5 of the Limitation Act. THE matter was contested by the petitioner.

(3.) THE only point argued by the counsel for the petitioner is that both the Consolidation Officer as well as the Deputy Director of Consolidation have not applied their minds to the merits of the application under Section 5 of Limitation Act. After a perusal of the two orders, I am of the view that though both the consolidation authorities have not discussed in detail about the explanation given by the opposite party No. 3 but after a consideration of the same, the delay has been condoned. So far as the order condoning the delay is concerned, it is discretionary in nature and nothing has been shown to me that this discretion is based on extraneous considerations.