SHIV PRASAD Vs. CONSOLIDATION OFFICER

JUDGEMENT

(1.) HEARD Sri S.P. Tiwari for the petitioners. The writ petition has been filed against the order of the Settlement Officer Consolidation dated 8.7.2014 dismissing the appeal of the petitioners as time barred and the orders of the Consolidation Officer dated 21.12.2004 and 19.5.2007 by which the objection of Bhawani Bheekh, contesting respondent has been allowed and he was held to be owner of plot No. 669 area 1.11 acre of village Pure Darhu, pargana Mahadewa, district Gonda.

(2.) BHAWANI Bheekh filed an objection under section 9A of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "the Act") claiming that the land in dispute was allotted to him by the Land Management Committee. However, his name was not recorded in the basic consolidation record. The Consolidation Officer after hearing Gaon Sabha and recording the statements of Pradhan Lal Bihari, Member of Land Management Committee Jageshwar and Chaudhary son of Mohan as well as perusal of the original patta dated 20.7.1967 found that the land in dispute was allotted to Bhawani Bheekh by the Land Management Committee accordingly by order dated 21.12.2004 he directed for recording his name over the land in dispute.

(3.) SINCE the land in dispute was allotted in the chak of the petitioners in consolidation as such the petitioners filed a time barred appeal on 17.4.2007 against the order of the Consolidation Officer dated 21.12.2004 along with a delay condonation application. By the impugned order the Settlement Officer, Consolidation found that the petitioner has no right to raise title dispute in respect of plot No. 669. He further found that there is no sufficient cause for condoning the delay in filing the appeal. On this finding the appeal was dismissed as time barred. Hence this writ petition has been filed.