Devi Prasad Singh, J. - (1.) PRESENT writ petition under Article of the Constitution of India has been preferred against the order dated 30.8.1993, passed by the Commissioner, Lucknow Division, Lucknow and the order dated 5.4.1994, passed by the Board of Revenue, U.P. Lucknow as contained in Annexures 4 and 6 respectively.
(2.) AN objection was filed against the auction and sale dated 16.8.1989 and sale was challenged before the Commissioner on the ground that the proceeding with regard to auction and sale was initiated in pursuance to the notice issued against Smt. Pachcho who does not survive. Since the auction and sale was done in pursuance to the proceedings initiated against the dead person, the petitioner submitted while filing the objections that the entire auction and sale was not sustainable. The objection was filed after some delay and the Commissioner, Lucknow Division, Lucknow while considering the application for condonation of delay observed that since the sale -deed has been executed delay cannot be condoned and rejected the application without entering into the merit of the controversy.
(3.) THE Board of Revenue too rejected the revision by passing the order contained in Annexure No. 6 to the writ petition.;