RAM LAL Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Sri Prabhat Kumar, learned counsel for the petitioner and Sri Ajay Pratap Singh 'Vatsa', learned counsel for the opposite party No.2 and Dr. Krishna Singh, learned Standing Counsel for the State.

(2.) This petition has been filed challenging the order dtd. 4/8/2021 passed by the Deputy Director of Consolidation, Sultanpur in Revision No. 1171, Ram Keval Vs. Ram Lal, Annexure No. 1 to the petition.

(3.) In the consolidation proceedings, the Consolidation Officer passed an order dtd. 4/5/1983 on the basis of some compromise said to be between the parties or their predecessor. Ram Sumer, grand father of the petitioner never challenged the order dtd. 4/5/1983, during his life time. On his death, the petitioner was mutated on 2/1/1994, in place of Ram Sumer as the name of Ram Sumer had continued in the revenue records. The petitioner's father had predecreed Ram Sumer. Later on, in the proceedings under Rule 109- A of the U.P. Consolidation of Holdings Act, 1954 the order dated 04. 05.1983 was implemented, and the name of the petitioner was deleted. The petitioner filed appeal before 25/3/2021, after about 38 years of the order dtd. 4/5/1983 with the prayer for condonation of delay inter alia on the grounds that the order dtd. 4/5/1983 was not in his knowledge and his name had been mutated on the death of his grand father on 2/1/1994.