SAMHAROO Vs. STATE OF UP AND ORS

JUDGEMENT

(1.) This special appeal is directed against the judgment of G.C. Mathur, J. dated 29-4-1966, dismissing Writ Petition No. 1934 of 1963, filed by the Petitioner Samharoo.

(2.) The Respondents 5 to 7 had filed objections Under Section 9(1) of the Consolidation of Holdings Act (hereinafter called the Act). The objections were filed beyond time. The aforesaid Respondents therefore made an application Under Section 5 of the Limitation Act for condoning the delay. The Consolidation Officer condoned the delay by his order dated 29-9-1962. Against the order condoning the delay the Petitioner appealed Under Section 11(1) of the Act. This appeal was allowed by the Settlement Officer (Consolidation) and the order of the Consolidation Officer condoning the delay was set aside. Thereupon the Respondents 5 to 7 filed a second appeal Under Section 11(2) of the Act. The Deputy Director of Consolidation, holding that no appeal lay against the order of the Consolidation Officer, allowed the second appeal and restored the order of the Consolidation Officer. The Petitioner then made an application Under Section 48 of the Act to the Director of Consolidation to revise the order of the Deputy Director of Consolidation. That revision application was dismissed by the Director of Consolidation. Thereafter the writ petition giving rise to this special appeal was filed in this Court.

(3.) The only submission that was made before G.C. Mathur, J. was that the view of the Deputy Director of Consolidation and of the Director of Consolidation that no appeal lay against the order of the Consolidation Officer allowing the application Under Section 5 of the Indian Limitation Act is incorrect. The learned single Judge rejected the submission made on behalf of the Petitioner-Appellant and dismissed the writ petition.