HARIDAS Vs. D D C

JUDGEMENT

(1.) THE writ petition has been filed against the order of the Consolidation Officer dated 4.7.2012 by which the application for condonation of delay of about 12 years in filing objection under Section 9A of U.P. Consolidation of Holdings Act, 1953(hereinafter referred to as "the Act") has been rejected and the order of the Deputy Director of Consolidation dated 4.1.2014/21.1.2014 dismissing the revision of the petitioner filed against the aforesaid order.

(2.) THE dispute related to plot no.162/13(area 2.20 acre) and 162/15 (area

(3.) THE counsel for the petitioner submits that the petitioner has stated that the land in dispute was recorded in the name of the father of the petitioner in 1360 -1362 fasli khatauni. The land in dispute remained throughout in the possession of the father of the petitioner and after his death the petitioner has been in possession over it. Even after carvation of chaks the petitioner remained in possession of the land in dispute and could not know about the illegality committed in basic consolidation record and it is only while preparing the case of Haridas vs. Mohan, counsel examined the entire record and found that these two plots were not recorded in the name of the petitioner as such the petitioner filed an objection along with a delay condonation application and in the circumstances the delay was liable to be condoned. He relied upon the judgment of the Supreme Court in N. Balakrishnan vs. M. Krishnamurthy, 1998(89) RD 607 and judgments of this Court in Banarasi vs. Deputy Director of Consolidation, Azamgarh and others, 2009(107) RD 224 and Chandra Pal and another vs. State of U.P. though Principal Secretary Revenue, U.P., Lucknow and others, 2012(117) RD 160 in which the Supreme Court as well as this Court have consistently taken the view that while condoning the delay the authorities were required to take a liberal view so as to serve the ends of justice and not to defeat it. Accordingly, the consolidation authorities were required to take a liberal view and should have condoned the delay.