DHANI RAM Vs. STATE OF H P

JUDGEMENT

(1.) THE petitioner herein challenges the order passed by the respondent No. 3 dated 29.6.2010 refusing to entertain the appeal preferred by the petitioner under Section 56 of the H.P. Lands (Consolidation and Fragmentation Act) 1971 (hereinafter referred to as the 'Act') against the order passed by the Consolidation Officer on an application having been filed by respondent No.6 pointing out some alleged discrepancies during consolidation proceedings which have since been de-notified.

(2.) I am not entering into the factual aspect of the case as it is the powers of the officer under the 'Act' which require to be considered. Section 56 of the 'Act' provides:

(3.) SECTION 56 provides that clerical or arithmetical mistakes in orders arising from any accidental slip or omission may at any time be corrected by the authority. The words "may at any time" also find mention in Section 54 of the 'Act' which are the powers of the State Government to call for the record of proceedings. So far as Section 54 is concerned, it is beyond doubt that such powers have to be exercised under certain conditions and within a reasonable period of time which has been considered by this Court to be three years in a number of decisions following and relying upon the decisions of the Supreme Court.