Amreshwar Pratap Sahi, J. - (1.) HEARD learned Counsel for the Petitioner and perused the record.
(2.) THE consolidation operation intervened in the village in the year 1973. It is alleged that on 23.3.1979, the Petitioner's mother entered into a compromise with regard to the Khata in dispute with the contesting Respondent. Their names were recorded under the order dated 23.3.1979 itself. The Petitioner contends that he was a minor at that point of time and that his mother acted against the interest of the Petitioner as a result whereof the said order came to be passed about which the Petitioner had absolutely no knowledge. He became a major in 1984 and upon having knowledge about the entry, he filed a Suit under Section of the U.P.Z.A. and L.R. Act on 31.8.1989 which is stated to be pending.
(3.) FOR the first time in the year 2005, the Petitioner moved an application for setting aside the order dated 23.3.1979 passed by the consolidation authorities. This was obviously done after 26 years of the passing of the order. Learned Counsel submits that an appropriate explanation was given and there was a bona fide litigation being pursued and hence the provisions of Section of the Indian Limitation Act as well as the provisions of Section read with Section of the U.P. Consolidation of Holdings Act are squarely attracted. Learned Counsel submits that the Petitioner was entitled for the benefit of the aforesaid provisions and the delay ought to have been condoned by the authority.;