RAMESH Vs. COLLECTOR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned Standing Counsel and learned counsel for the gaon sabha. Through this writ petition, the petitioners have prayed for issuing a writ of certiorari quashing the order dated 29.4.1999 passed by respondent No. 1 in revision No. 10 of 1997-98 (Daryav and others v. Gaon Sabha) as well as order dated 27.2.1998 passed by respondent No. 2 in case No. 217 of 1997 filed under Section 122-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950. It appears, for encroachment over gate No. 1086, which is recorded as khalihan, notices were issued to the petitioners on Form 49-A for removal of encroachment of 90 square meter land. The petitioners have filed their objection denying the encroachment over the said land. The Tehsildar vide order dated 27.2.1998 has found the petitioners as unauthorized encroacher over the gaon sabha land and imposed damages of Rs. 2,500/-.

(2.) Aggrieved by the order dated 27.2.1998, passed by the Tehsildar, petitioners herein filed a revision under Section 333 of the Act, which was barred by time. Petitioners have also filed an application for condonation of delay. The District Magistrate has rejected the petitioners' application holding that the delay has not been satisfactorily explained. Consequently, he rejected the application for condonation of delay and also dismissed the revision as barred by time.

(3.) Learned counsel for the petitioners contended that the delay was explained properly and the District Magistrate has erred in disbelieving the petitioners' stand taken in the application for condonation of delay.