TERHAI Vs. ADDL COLLECTOR ADMINISTRATION AZAMGARH

JUDGEMENT

(1.) S. P. Srivastava, J. Heard the learned Counsel for the petitioner and the learned Standing Counsel representing the respon dents No. 1 to 3.

(2.) PERUSED the record.

(3.) HOWEVER, Terhai, the petitioner filed a belated appeal, challenging the order of the Assistant Consolidation Officer dated 24-1-1983. This appeal was filed on 24-3-1983. The Settlement Officer, Consolida tion, while considering the question of con donation of delay in filing the appeal ex pressed the view that the appellant was not entitled to the condonation of delay as he had not given an explanation for each day of the delay. But the Assistant Settlement Of ficer, Consolidation entered into the merits of the appeal as well and after recording a finding that the 'samjhauta' in question did bear the thumb impression of both the tenure holders and was duly verified by the Authority before whom the tenure holders including the petitioner had accepted the correctness therefor, there could be no jus tification for any interference in that order passed on the basis of conciliation.