RAM Vs. D D C , BALLIA AND OTHERS

JUDGEMENT

(1.) Heard Shri Srijan Mehrotra, Advocate, holding brief of Shri Manish Nigam, counsel for the petitioner and Standing Counsel for respondent Nos. 1 and 2.

(2.) The present writ petition has been filed by the petitioner praying for a writ of certiorari quashing the orders dated 21.2001 passed by respondent No. 1-Deputy Director of Consolidation, Ballia (hereinafter referred to as, 'D.D.C.') and 6.2000 passed by respondent No. 2-Settlement Officer Consolidation, Ballia (hereinafter referred to as, 'S.O.C').

(3.) The facts of the case are that Consolidation Officer, Chitbara, District-Ballia vide his order dated 31.1.2000 directed that the name of petitioner be recorded in place of one Paramjotia, who was Chakdar No. 90 and had died. The said order was passed in favour of petitioner on the basis of an alleged will dated 18.9.1999 executed by Paramjotia in favour of petitioner. The respondent No. 3 filed an appeal under Section 11(1) of Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as, 'Act, 1953') in the Court of respondent No. 2 against the order dated 31.1.2000. The said appeal was registered as Appeal No. 6128. In the aforesaid appeal, respondent No. 3 also filed an application praying that till the disposal of appeal, the order dated 31.1.2000 passed by Consolidation Officer, Chitbara, Ballia may remain stayed. Appeal No. 6128 was delayed and time barred, and therefore, alongwith said appeal, respondent No. 3 also filed an application praying to condone the delay in filing the said appeal. Respondent No. 2 vide his order dated 2.6.2000 stayed the operation of order dated 31.1.2000 passed by Consolidation Officer, Chitbara, Ballia and also held that it would be appropriate to decide the delay condonation application along with the appeal itself.