DOODH NATH Vs. DEPUTY DIRECTOR OF CONSOLIDATION JAUNPUR

JUDGEMENT

(1.) THIS writ petition is directed against judgment and order dated 24.12.2008 passed by D.D.C., Jaunpur in Revision No. 3227 of 2008, Babu Nandan v. State. For recalling the said order, an application was filed, which was rejected on 28.7.2009. That order has also been challenged through this writ petition.

(2.) REVISION was filed after 16 years. Petitioners filed objections to the delay condonation application, which are Annexure-5 to the writ petition. Objections were supported by affidavit, which is Annexure-6 to the writ petition. However, learned D.D.C. in his order dated 24.12.2008 simply mentioned that there was no objection to the delay condonation application, hence in the interest of justice delay was being condoned. Firstly there was very serious objection. Secondly, delay of 16 years cannot be condoned in such a cryptic manner without even mentioning in the order the reason of condonation of delay mentioned in the delay condonation application.

(3.) ACCORDINGLY, learned counsel for the respondent No. 2, the only contesting respondent, who has appeared through caveat, i.e., Sri B. P. Yadav, learned counsel is directed to file counter-affidavit within one month. Rejoinder-affidavit may be filed within one month thereafter.