RAM SWAROOP Vs. DY.DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard the counsel for the petitioner and the counsel for respondent nos. 4 & 5.

(2.) The facts relevant to decide the present writ petition are that against the order dated 3.7.1996 passed by the Settlement officer of Consolidation (hereinafter referred to as 'S.O.C') in Appeal No.696 filed under Section 21(2) of the U.P Consolidation of Holdings Act, 1953 (hereinafter referred to as Act, 1953), the petitioner filed Revision No.2115 under Section 48 of the Act, 1953 before the Deputy Director of Consolidation, Fatehpur (hereinafter referred to as 'D.D.C') i.e. respondent no.1 claiming a Chak on Plot No.843 which he alleged was his original holding adjacent to road. Till the stage of S.O.C, Plot No.843 was allotted to respondent nos. 4 and 5 who are co-tenure holders. At the time of institution of Revision No.2115, respondent no.5 was a minor and was not imp-leaded as a respondent in Revision No.2115. Only respondent no. 4 was imp-leaded as a respondent in the said revision. The revision was time barred and was therefore filed with an application praying to condone the delay in filing the said revision.

(3.) The D.D.C. Fatehpur vide his order dated 26.12.1996 condoned the delay in filing the said revision but through the same order, dismissed Revision No.2115 on the ground that revision was defective because of non joinder of necessary parties as respondent no. 5 was not imp-leaded as a respondent in the said case. The order dated 26.12.1996 passed by respondent no. 1 has been challenged in the present writ petition.