ANWAR Vs. DISTT. D.D.C.

JUDGEMENT

(1.) HEARD learned Counsel for the parties. The controversy relates to certain plots of khata No. 4 situated in village Sakhera, Pargana Sandee, Tahsil Bilgram, district Hardoi. In the court of Consolidation Officer on 13.10.1980 a compromise was alleged to be filed by the parties for the plots in question. Thereafter the Consolidation Officer by impugned order dated 14.10.1980 had decided the controversy in terms of compromise. Petitioner had filed an appeal against the impugned order passed by the Consolidation Officer on 14.10.1980 in the month of June 1987 on the ground that neither he has signed any compromise nor he has engaged Sri R.P. Bajpai as counsel. Petitioner had also submitted that he has not signed any Vakalatnama to engage Sri R.P. Bajpai as counsel. He retired from army on 1.10.1986 and when he came back then he has come to know regarding the devolution of land in terms of compromise between the parties. Copy of the application filed by the petitioner under Section 5 of the Limitation Act while preferring the appeal, has been filed as Annexure -4 to the writ petition.

(2.) LEARNED appellate court had dismissed the appeal by impugned order dated 11.2.1988 on the ground that signature and thumb impression has been verified by the respective counsel and thereafter compromise has been confirmed by Consolidation Officer. The delay explained by the petitioner was not sufficient hence the appeal was dismissed by impugned order dated 11.2.1988. While dismissing the appeal the learned appellate court was impressed by the fact that the appeal was filed after almost lapse of seven years.

(3.) LEARNED Counsel for the respondents admits that no objection was filed in pursuance to provisions contained in Section 9 of the U.P.C.H. Act then how the controversy was settled in terms of compromise by the Consolidation Officer, seems to be relevant question and requires for consideration apart from applicability of Rule 25A of the Rules. It has been admitted that no objection was pending for disposal before the Consolidation Officer.