DESHRAJ Vs. D D C

JUDGEMENT

(1.) HEARD Sri G.K. Maurya, counsel for the petitioner and Sri Suresh Singh, respondent no.16. The writ petition has been filed against the order of the Settlement Officer, Consolidation dated 26.10.2012 by which the delay in filing the appeal has been condoned and the order of the Deputy Director of Consolidation dated 30.10.2013 dismissing the revision against the aforesaid order. Against the order of the Consolidation Officer dated 15.10.2008 an appeal was filed on 26.12.2008. In the appeal a delay condonation application along with affidavit has been filed. In the affidavit it has been stated that as the appeal was to be filed on behalf of several appellants and they were not united together accordingly, the delay had occurred. It is only when they united together then on 22.12.2008 an application for issue of a certified copy of the order dated 15.10.2008 was filed which was issued on 23.12.2008. Thereafter the appeal was prepared on 24.12.2008 and 25.12.2008 being a holiday it was filed on 26.12.2008. Under Section 11 of the Act limitation for filing an appeal is 21 days. Accordingly, there was delay of about 52 days in filing the appeal. The grounds for condonation of delay have been taken that there were several appellants and they could not unit at a time, accordingly, the appeal could not be filed. A perusal of the memorandum of appeal shows that there were 18 appellants. The Settlement Officer, Consolidation found that as the petitioner had not filed any counter affidavit to the affidavit filed in support of the delay condonation application and there were several appellants as such cause for delay appeared to him proper and he condoned the delay by order dated 26.10.2012 and the revision filed against the aforesaid order has been dismissed by order dated 30.10.2013.

(2.) THE counsel for the petitioner submits that the Supreme Court in Popat Bahiru Govardhana vs. Special Land Acquisition Officer, 2013(121) RD 249 in paragraph 13 has held as follows: