PYARE LAL Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Sunil Kumar Mishra, holding brief of Sri Prakash Dwivedi, learned counsel for the petitioner, Sri Amol Ranjan, holding brief of Sri M.N. Singh, learned counsel for respondent nos. 6 to 9, learned Standing Counsel appearing for the State -respondents and? learned counsel for the Gaon Sabha. By means of this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the order dated 9.4.2008 passed by the Board of Revenue, U.P. at Allahabad in revision no. 33 of 2008 -09, order dated 6.2.2008 passed by the Commissioner, Vindhyachal Division, Mirzapur in appeal no. 14 of 2007 and order dated 16.1.2007 passed by the Sub Divisional Officer, Chunar, Mirzapur in suit no. 4 of 2000.

(2.) VIDE order dated 16.1.2007, the Sub Divisional Officer, Chunar while recalling the judgment and decree dated 11.2.2005 dismissing the suit of respondent nos. 6 to 8 decreed the suit itself. Aggrieved by this judgment and decree, the present petitioner filed appeal no. 14 of 2007 (Pyare Lal Vs. Payre and another), which was dismissed as barred by time. Aggrieved by the aforesaid judgment, the present petitioner filed revision no. 33 of 2008 before the Board of Revenue. The revision has also been dismissed by the following order:

(3.) THE appellate court took the view that in the application for condonation of delay, the date of knowledge of the impugned judgment was not disclosed, therefore, the explanation to condone the delay was insufficient.