Ashok Bhushan, J. - (1.) Heard Counsel for the petitioner.
(2.) This writ petition has been filed by the petitioner praying for quashing of the order dated 12-7-2000 passed by the Settlement Officer of Consolidation and the order dated 4-10-2001 passed by the Additional District Magistrate (Administration)/Deputy Director of Consolidation and the subsequent correction order dated 18-10-2001. Against the order of the Consolidation Officer dated 10-11-1995 a time barred appeal was filed by Mata Prasad. An application under Section 5 for giving benefit of Limitation Act was also filed along with an affidavit. The Settlement Officer of Consolidation by his order dated 12-7-2000 condoned the delay and directed the appeal to be heard on merit. Against the said order revision was tiled by the petitioner before the Deputy Director of Consolidation who by his order dated 4-10-2001 has rejected the revision. The Deputy Director of Consolidation has held that no error was committed by the Settlement Officer of Consolidation in giving benefit of Section 5 of the Limitation Act. The Deputy Director of Consolidation has also given cogent reasons on which the benefit of limitation was entitled to be given to the respondents.
(3.) I have heard Counsel for the petitioner. The order passed by the Deputy Director of Consolidation does not suffer from any error. In consolidation proceedings the right of parties are decided and the Courts have to be lenient with regard to question of limitation so that the matter should be decided on merits. By subsequent order dated 18-10-2001 a little mistake committed in the earlier order dated 4-10-2001 with regard to the Court in which the matter was to proceed was made. The Settlement Officer of Consolidation has given benefit of Section 5 and directed the appeal to be heard on merits hence the matter was required to be proceeded before the Settlement Officer of Consolidation but while passing the order dated 4-10-2001 by mistake the Consolidation Officer was mentioned. The correction was made by the order dated 18-10-2001 which was perfectly justified. I do not find any error in the impugned orders. The writ petition has no merit and the same is accordingly dismissed.;