RAM TIRATH Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard learned Counsel for the petitioner, learned Standing Counsel for the State and Shri Hari Shankar Tewari, learned Counsel for the private respondent.

(2.) Under challenge is the order dtd. 15/12/2021 passed by the DDC, Sultanpur in revision no. 1190 of 2021 whereby the revisional Court while allowing the revision has not only tested the validity of the order dtd. 15/2/2021 whereby the delay in filing the appeal was condoned but the revisional Court went ahead and has also given it's finding regarding the main order dtd. 24/1/2019 passed in appeal which was not under challenge and the impugned order suffers from a clear jurisdictional error.

(3.) The record indicates that one Smt. Subada, predecessor of the private respondent instituted an appeal under Sec. 11 of the U.P. C.H. Act, 1953 against the order dtd. 7/1/1975. The aforesaid appeal was accompanied by an application seeking condonation of delay. The record further indicates that the Settlement Officer of Consolidation, Sultanpur by means of the order dtd. 24/1/2019 allowed the application for condonation of delay and also set aside the order dtd. 7/1/1975.