SHAMBHU SHARAN CHAUBEY Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri R.C. Singh, learned counsel for the petitioners and Sri Sanjay Goswami, learned Additional Chief Standing Counsel for the respondents.

(2.) Through this writ petition, the petitioners have prayed for issuing writ of certiorari quashing the impugned orders dated 3.4.2012, passed by respondent no. 2 in appeals nos. 406K of 2012, 407K of 2012 and 408K of 2012 (annexure nos. 9, 11 and 13 to the writ petition), by which highly time barred appeals have been admitted, without condoning the delay.

(3.) Sri Singh contends that in view of the provisions contained under section 38 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as, 'the Act'), for deciding the appeal, the procedure contained in the Code of Civil Procedure, 1908 (in short, 'CPC') shall be applicable and once the provisions of CPC are applicable, the appeal could not be admitted without condoning the delay in filing the appeal. In his submissions, through the appeals, the orders of the year 1996, passed by the prescribed authority /Chief Revenue Officer were challenged. The appeals were filed in the year 2012.