Arun Tandon, J. - (1.) Heard Sri Ashok Khare, senior advocate, assisted by Sri Faheem Ahmad advocate, for the petitioners, Sri A.P. Sahi advocate on behalf of respondent No. 3, Sri K. N. Rai advocate on behalf of respondent No. 4 and standing counsel on behalf of respondent Nos. 1 and 2.
(2.) At the very outset it has been stated by Sri Ashok Khare, senior advocate, appearing for the petitioners, that the order of the Commissioner, Azamgarh Division, Azamgarh, respondent No. 1, dated 30.1.2004, contained in Annexure-9, in so far as it holds that the appeal filed by the petitioner is not maintainable, is correct and is not being assailed before this Court. The said order has only been brought on record in order to explain the delay in filing the present writ petition against the order of the Assistant Registrar dated 22.12.2003. It has been stated that the petitioner was pursuing the remedy before a wrong Court, i.e., by way of appeal before the Commissioner, Azamgarh Division, Azamgarh, hence the delay in filing the present writ petition is liable to be condoned. The writ petition does not suffer from any laches.
(3.) In view of the aforesaid, this Court is satisfied that there are no laches on the part of the petitioner and this petition is entertained accordingly.;