MATA SARAN Vs. DY DIRECTOR OF CONSOLIDATION ALLAHABAD

JUDGEMENT

(1.) HEARD Sri A.P.N. Giri, for the petitioner and Sri Rajeshwar Yadav, for respondent -2.

(2.) THE writ petition has been filed against the order of Deputy Director of Consolidation dated 14.11.2014, passed in chak allotment proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) SHIV Pal (father of respondent -2) filed a revision (registered as Revision No. 109/1054/91 of 1990) against the orders of Consolidation Officer dated 10.09.1989 and Settlement Officer Consolidation dated 27.12.1989 passed in chak allotment proceeding. The revision was dismissed in default on 13.10.1995. Shiv Pal filed an application for recall of the aforesaid order, on 27.02.1996 along with delay condonation application, supported with his affidavit. In the affidavit, it has been stated that his son fell ill on 10.10.1995. When he went for treatment of his son, Doctor informed that major operation was required immediately. Thereafter, operation was done, in which Shiv Pal and his other family members had become busy and he could attend the case on the date fixed. Thereafter, jaundice was detected to his son due to which he was engaged in his looking after. In February 1996, he came to court, then he got know that his revision was dismissed in default. Thereafter, the application was filed for recall of the order. The petitioner filed objection and counter affidavit and has stated that son of Shiv Pal never fell ill on 10.10.1995 or thereafter. False explanation was given for condonation of delay.