SUBHASH RAI Vs. ADDITIONAL DISTRICT MAGISTRATE AND ORS.

JUDGEMENT

(1.) Heard Sri Abhishek Rai, Counsel for the petitioner and learned Standing Counsel appearing for the State respondents.

(2.) This writ petition has been filed challenging the order dtd. 15/2/2019 passed by the Deputy Director of Consolidation, Azamgarh as well as the order dtd. 29/5/2017 passed by the Settlement Officer Consolidation, Azamgarh.

(3.) Record reflects that against order dtd. 8/2/1989 passed in the proceedings under sec. 9-A(2) of the U.P. Consolidation of Holdings Act (hereinafter referred to as the Act), a belated appeal was filed by the respondent Nos. 3 to 5 on 7/2/2009. The explanation for delay as furnished by the respondents in the appeal was that they were the subsequent purchasers of the property having right and interest in the property and since they were neither parties nor heard in the original proceedings under sec. 9-A(2) of the Act, they were not aware of the order passed by the Consolidation Officer. The application moved by the respondents for condonation of delay was allowed subject to payment of costs of Rs.700.00 by the Settlement Officer Consolidation, vide impugned order dtd. 29/5/2017 and while admitting the appeal, 12/6/2017 was fixed for hearing of the appeal. Against this order of the Settlement Officer Consolidation, a revision was preferred by the petitioner, which has been dismissed by the Deputy Director of Consolidation vide impugned order dtd. 15/2/2019. It is against these two orders that the present petition has been filed.