RAM KALI Vs. ASISTANT SETTLEMENT OFFICER CONSOLIDATION, GHAZIABAD
LAWS(ALL)-2014-4-85
HIGH COURT OF ALLAHABAD
Decided on April 15,2014

RAM KALI Appellant
VERSUS
Asistant Settlement Officer Consolidation Respondents

JUDGEMENT

- (1.) This petition is directed against the orders dated 6.11.86, 26.7.93 and 26.10.98 passed by the Assistant Consolidation Officer , Ghaziabad, Assistant Settlement Officer Consolidation, Ghaziabad and the Deputy Director of Consolidation, Ghaziabad respectively.
(2.) The facts in brief are as follows: One Nanua son of Risal was allotted a portion of land of Khata No. 366 in Village Derikot, Pargana and Tahsil Dadri, district Gautam Budh Nagar. He is said to have died on 15.3.1980. On an application filed on behalf of Ram Kishan respondent no.4 claiming to be nephew of Nanua, the land was mutated in his name by the order of the Assistant Consolidation Officer dated 6.11.1986. 2. The petitioners who claim to be the real sisters of Nanua (deceased) filed an appeal against the order of the Assistant Consolidation Officer along with an application for condonation of delay. It was their case that they were real sisters of the deceased and they were not aware that he possessed any land. On 17.4.1991 they came to Village Derikot when they were informed about the mutation order in favour of the respondent no.4. They thereafter had the records inspected and came to know about the order in favour of the said respondent. They were not aware of the consolidation proceedings in the writ or of the order passed in favour of the respondent no.4 prior to 17.4.1991. It is also alleged that the respondent no.4 is not nephew of Nanua (deceased). It is with the aforesaid allegation that the appeal and the delay condonation application was filed. At this stage it would be relevant to record that both the petitioners namely Smt. Ramkali and Smt. Chandri filed separate affidavit in support of the delay condonation application.
(3.) The Assistant Settlement Officer Consolidation by his judgment and order dated 26.7.93 dismissed the appeal on the ground of delay which order has been affirmed by the revisional court. Hence this writ petition.;


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