AMBEY KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition is directed against an order of Deputy Director of Consolidation, Chitrakoot dtd. 19/10/2024, dismissing the petitioner's revision and affirming an order made by the Settlement Officer of Consolidation, Chitrakoot dtd. 31/1/2024, dismissing the petitioner's Appeal No. 479 of 2023, arising out of an order of the Consolidation Officer dtd. 16/5/1980 as barred by time.

(2.) The short facts necessary to determine this motion are that a time-barred appeal was preferred by the petitioner, Ambey Singh, against the order made by the Consolidation Officer in Case No. 4413, State v. Ambey Singh, dtd. 16/5/1980, under Sec. 9A(2) of the Uttar Pradesh Consolidation of Holdings Act, 1953 on 30/11/2023 with a delay of 43 years. The appeal was filed with the aid of an application under Sec. 5 of the Limitation Act, 1963, praying for condonation supported by an affidavit.

(3.) The short case of the petitioner for the condonation of delay was that he purchased a one-sixth share in Plot Nos. 585 and 586 through a registered sale deed dtd. 26/11/1971 and another dtd. 2/5/1973, and still another relating to a half share in Plot No. 385 admeasuring 2-0-0. He is in possession of the land purchased on the spot. Plot No. 585 has been renumbered as Plot No. 628 and an area of 078 decimals has been recorded as abadi Class 6, leading to the petitioner's interest being seriously prejudiced. The petitioner would say that he purchased the land in dispute through registered sale deeds and it has been recorded in Class 6 erroneously. During chakbandi, Plot Nos. 585 and 586 were declared chak out and there was no change to this position. There is no justification for the land in dispute to be recorded in the Gaon Sabha khata. In CH Form 2A, it is recorded as abadi and the original land holder shown is the petitioner's vendor. The Consolidation Officer's order dtd. 16/5/1980 has directed Plot No. 585 admeasuring 1.50 decimals and Plot No. 586/1 admeasuring 0.95 decimals to be recorded as 'abadi shamil jot' and Plot No. 586/2 admeasuring 0.14 decimals as a road, besides 0.78 decimals in the same plot as abadi Class 6, all of which deserve to be expunged and restored to the petitioner's khata.