SUKHDEO Vs. DEPUTY DIRECTOR OF CONSOLIDATION AZAMGARH

JUDGEMENT

(1.) THE petitioners are aggrieved by an order of the Deputy Director of Consolidation dated 12-12-1984. rejecting the application under section 5 of the Limitation Act filed along with objection under section 9 of the U. P. Consolidation of Holding Act.

(2.) PETITIONERS have filed an objection in respect of plot No. 803/1 area 1 256 links situation village Mohammad pur Mutallika Sahroj Pargana and Tehsil Ghoshi, District Azamgarh refusing objection under section 9 (A) since there was delay. They filed objection along with an affidavit explaining the reasons as to why the objection was not filed and prayed that the objection be heard and decided on merits. No objection or counter affidavit was filed by any one controverting the allegations in the affidavit filed in support of the petitioners objection. The Consolidation Officer by his order dated 1-2-1980 dismissed the petitioners objection as barred by time. Aggrieved by his order dated 1-2-5 980 petitioners filed revision under section 48 of U. P. Consolidation of Holdings Act and the Deputy Director of Consolidation by his order dated 12-12-1984 dismissed the revision hence this writ petition.

(3.) IN the result the writ petition succeeds and is allowed. The judgments and orders of the Consolidation Authorities are set aside and the Consolidation Officer is directed to pass afresh order in accordance with law and in the light of the observations made above, taking a liberal view of the matter and the fact that no counter affidavit was filed in reply to the affidavit filed by the petitioners in the matter of condonation of delay, the parties will bear their own cost. Petition allowed.