NARMADA PRASAD Vs. HANUMAN

JUDGEMENT

(1.) Challenge in this petition filed under Article 227 of the Constitution is made to the order of Board of Revenue dated 16.4.2018 (Annx.P/3) whereby the learned Board has given stamp of approval to the order of S.D.O dated 06.10.2017 (Annx.P/2).

(2.) The parties are at loggerheads on the question whether the appeal preferred by the respondents before the S.D.O was barred by time or not. Admittedly, the present petitioners while filing the objection before the S.D.O on 03.10.2017 contended that the appeal is barred by time. It is filed with delay of two months and seven days (67 days). Alongwith the appeal, no application under section 5 of the Limitation Act is filed.

(3.) Shri Sengar submits that without considering the said objection which goes to root of the matter, interim order dated 6.10.2017 is passed by the S.D.O.