JITAN Vs. DIRECTOR OF CONSOLIDATION OF HOLDINGS

JUDGEMENT

(1.) In this petition under Articles 226/227 of the Constitution of India, a prayer has been made for issuance of a writ in the nature of certiorari quashing the impugned order, dated November 30, 1988 passed by the Director, Consolidation, annexed as Annexure P-2 with the petition.

(2.) Delay in challenging the order aforesaid has been sought to be explained by the petitioner in Para No. 4 of the Writ Petition wherein an averment has been made that the petitioner came to know about the order, dated November 30, 1988 of the Director, Consolidation, only on January 27, 1994.

(3.) Notice of Motion was issued, in response to which written statement has been filed on behalf of respondents 2 and 3, wherein a preliminary objection has been taken saying that the petition is highly belated as the impugned order of the learned Director, Consolidation, is dated November 30, 1988 and the petitioner came to know about the order, referred to above, in the year 1988 itself when in a Civil Suit (No. 173 of 8/87) filed by the petitioner, the copy of the impugned order, dated November 30, 1988 of the learned Director, Consolidation, was produced before the Subordinate Judge by the respondents as mark DI. The petitioner filed even an appeal against that order before the Additional District Judge, Sonepat, which was dismissed on May 31, 1990.