MEWALAL Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) JANARDAN Sahai, J. Heard Shri V. K. S. Chaudhary, learned Senior Counsel for the petitioners.

(2.) PARVAT, Vikramajeet and Mahadeo were brothers. The dispute in the present writ petition relates to the share of PARVAT. Smt. Kasturia, respondent No. 2 since deceased filed objections under Section 9 of the U. P. Consolidation of Holdings Act claiming the share of PARVAT. The objections were filed beyond the prescribed period of limitation. The Consolidation Officer by order dated 11-10-1971, Annexure 1 to the writ petition, rejected the application for condoning the delay. Appeal against the order preferred by Smt. Kasturia before the Settlement Officer Consolidation was also dismissed on the ground that it was not maintainable as what had been decided by the Consolidation Officer was only an application for condonation of delay. The Revision filed by Smt. Kasturia has been allowed by the Deputy Director of Consolidation by the impugned order dated 21-12-1972 (Annexure 3 to the writ petition ).

(3.) I shall take up the submissions of the learned Counsel for the petitioners one by one.