GANESH PRASAD Vs. ASSISTANT D. C.

JUDGEMENT

(1.) Heard Mr Zeeshan Khan holding brief of Mr Mohd Aadil, learned Counsel for the petitioner, Mr. Prem Chandra Maurya, holding brief of Mr. Swapnil Kumar, learned counsel for the respondent No. 3/3 and Mr B.N.Pathak, learned Standing Counsel for the State.

(2.) Brief facts of the case are that Khata No- 306, 307, 49 situated in village Jai Singh Pura, Pargana-Mathura, DistrictMathura was recorded in the name of respondent No-3 Triloki Nath & respondent No.5 Kalicharan. The village in question was notified under Sec. 4 of U.P. Consolidation of Holdings Act 1953 herein after referred to as U.P.C.H. Act in the year 1975. Petitioner filed a time barred objection under Sec. 9A(2) of the U.P.C.H. Act on 10/1/1983 along with prayer of condonation of delay of about 7 year which was registered as Case No.86 before Consolidation Officer, Baldeo, Mathura. The delay condonation matter in the aforementioned objection was heard and Consolidation Officer vide order dtd. 9/9/1983 granted benefit of Sec. 5 of Indian Limitation Act in filing objection Under Sec. 9-A (2) of U.P.C.H. Act on Cost of Rs.30.00 and fixed 17.9. 1983 for framing of issues and evidence. Respondent Nos. 3 and 5 filed a revision under Sec. 48 of U.P.C.H. Act before revisional Court against the order dtd. 9/9/1983 granting benefit of Sec. -5 of Indian Limitation Act which was registered as Revision No- 460/579 before Assistant Director of Consolidation Mathura. The aforementioned revision was heard finally by Assistant Director of Consolidation who vide order dated dtd. 29/11/1984 allowed the revision, setting aside the order dtd. 9/9/1983 & sent the matter back before consolidation officer to decide the delay condonation matter afresh. Hence this writ petition on behalf of petitioner challenging the revisional order dtd. 29/11/1984 passed by respondent No.1/Assistant director of Consolidation Mathura

(3.) This Count vide order dtd. 30/1/1985 admitted the writ petition, issued notice to respondents and stayed the further proceedings before the consolidation officer, in pursuance of the impugned order of the Assistant Director of Consolidation dtd. 29/11/1984