GOPAL CHADHA Vs. PREM KUMAR CHADHA

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution has been filed challenging the impugned order dated 22.4.2014 passed by the Deputy Director of Consolidation, Allahabad in Revision Nos. 1090 and 1091 of 2014 (Prem Kumar Chadha and others Vs. Gopal Chadha and others), whereby both the revisions were allowed and delay in filing the objection was condoned with the direction to the Consolidation Officer, Soraon, Allahabad to decide the objection on merits.

(2.) Relevant facts for consideration in the present case are thus:

(3.) In these objections filed by the respondent no.1-Prem Kumar Chadha, the consolidation authorities passed the order, which was ultimately challenged by the respondent no.1 in Writ Petition No. 14265 of 1993 (Prem Kumar Chadha Vs. DDC Allahabad and others) and the said writ petition was subsequently dismissed. In the said writ petition, earlier an interim order was passed staying the dispossession of the petitioners pursuant to the order passed by the consolidation authorities. After the dismissal of the writ petition, the possession of chaks started taking place, which is recorded to be in between 15.5.2008 to 27.6.2008. The objection under Section 9B as well as under Section 20 of the Act was filed by respondent no.1-Prem Kumar and Rajesh Kumar Chadha on 16.7.2008 and 12.7.2008 respectively with the demand that the land of plot no. 97 be kept outside the consolidation on the ground that it is road-side land. The said objections were filed after about 24 years from the date of publication of notification under Section 9 of the Act. A prayer was also made in both the objections that recently they came to know about the consolidation proceedings and therefore, the delay, if any, is liable to be condoned. The objections were supported by an affidavit of respondent nos. 1 and 2 respectively.