LAWS(ALL)-1995-7-9

ABDUL GAFFAR Vs. D D C BASTI

Decided On July 24, 1995
ABDUL GAFFAR Appellant
V/S
D D C BASTI Respondents

JUDGEMENT

(1.) G. S. N. Tripathi, J. This is a petition under Article 226 of the Constitution of India with a prayer to issue a writ of certiorari quashing the order dated 30-1-75 (Annexure 3 to the writ petition) passed by the Dy. Director of Consolidation, Basti and the orders dated 30-9-67 and 19-10-73 (Annexure 1 and 2 to the writ petition) passed by the Consolidation Officer.

(2.) THE facts of the case are very simple. THE petitioner before this Court had moved an application before the Consolidation Officer earlier than 30-9-67. It seems that it was dismissed on the date as the petitioner was absent. An application for restoration was moved. That was dismissed by the Consolidation Officer on 19-10-73, as it was very much time barred. Against both these orders, two separate revisions were filed before the Dy. Director of Consolidation. He summoned the record and ultimately dismissed both the revisions without examine the allegations for the (sic) against himself.

(3.) AS against it, Sri Swaraj Prakash, learned counsel for the respondents has relied upon a ruling of the Hon'ble Supreme Court reported in 1984 RD 333. In that case it was observed that when an order has been passed by the lower court dismissing an application under Section 5 of the Limitation Act. That order should not be lightly interfered unless the lower court has acted with material irregularity or contrary to lower has to come to that conclusion on no evidence. These points raised before of Full Bench ruling supra has not been considered in this ruling and I think those points still hold good.