LAWS(ALL)-2012-3-104

RAM LAKHAN Vs. D D C

Decided On March 20, 2012
RAM LAKHAN Appellant
V/S
D.D.C. Respondents

JUDGEMENT

(1.) HEARD Sri H.S.N. Tripathi, learned Counsel for the petitioner, learned Standing Counsel for respondent Nos. 1 and 2 as also Sri A.K. Mishra, learned Counsel for the respondent Nos. 3 and 4:

(2.) THIS writ petition is directed against the order dated 5.1.1977 passed by the Consolidation Officer, Sadar, Gorakhpur and order dated 22.8.1977 passed by the Assistant Director of Consolidation, Gorakhpur, whereby the application under section 5 of the Limitation Act filed along with the objection under section 9 of the U.P. Consolidation of Holdings Act (for short 'the Act') has been rejected by both the authorities.

(3.) SRI A.K. Mishra, learned Counsel for the respondent has contested this writ petition by submitting that the impugned order does not requires interference because the petitioner has not given day-to-day explanation for condoning the delay, inasmuch as the notification was issued on 21.6.1971 and objections were filed on 30.3.1976 by the petitioner, which was clearly beyond time and no explanation for the delay of nearly 5 years has been given by the petitioner.