RAM CHARAN Vs. COLLECTOR

JUDGEMENT

(1.) HEARD Sri Hemant Kumar for the petitioners.

(2.) THIS writ petition has been filed against the order of Settlement Officer Consolidation dated 29.12.2010, allowing the appeal filed by Smt. Prabhawati Devi (respondent -4) against the order of Assistant Consolidation Officer dated 20.12.1997, condoning the delay and remanding the matter to Consolidation Officer for deciding the dispute between the parties, after giving opportunity of evidence and hearing them and the order of Deputy Director of Consolidation dated 28.2.2014, dismissing the revision from the aforesaid order.

(3.) THE counsel for the petitioners submits that Smt. Prabhawati Devi is not the sister of Chhote Lal. In case Smt. Prabhawati Devi was the real sister of Chhote Lal, then there would have been no reason for committing inordinate delay or not applying for substitution after the death of Chhote Lal within reasonable time. The issue relating to the question as to whether Smt. Prabhawati Devi is the sister of Chhote Lal or not, cannot be decided by the consolidation authorities. A declaration in this respect can only be granted by the Civil Court. In such circumstances, the inordinate delay in filing the appeal was not liable to be condoned. He further submits that since the application filed by Smt. Prabhawati Devi was not maintainable, as till today, there is no declaration from any competent court that she is the sister of Chhote Lal, as such her appeal was not liable to be allowed.