Krishna Murari, J. - (1.) Heard Sri R.C. Singh learned counsel for the petitioners.
(2.) The dispute relates to khata no. 83, 93, 94, 289, 379 and 190 situate in village & post office- Khakhaig khor District Gorakhpur.
(3.) The petitioners and the contesting respondent no.3 and 4 belong to the same family. A belated objection under Section 9 -A (2) of the Act was filed by the petitioners claiming co-tenancy rights with the respondents. The said objection was accompanied by an application under Section 5 of Limitation Act duly supported by an affidavit. It was pleaded in the affidavit filed in support of application under Section 5 of Limitation Act that the forefathers of the petitioners shifted from the native village to District Munger, State of Bihar in connection with the livelihood and were living there. The father of the petitioners got an employment in Railways and the entire family was living there. Though the petitioners and other family members used to come to village on the occasions of marriage etc. or during vacation but they never came to know about the consolidation proceedings. It was also pleaded that they had very cordial relations with the contesting respondents and had full faith in them but they never informed about the consolidation operations as well. It was recently when the respondents started ascertaining their exclusive rights over the land in dispute, they made enquiry and came to know that the land in dispute has been recorded exclusively in the name of respondents. The consolidation Officer vide order dated 12.2.1982 refused to condone the delay and rejected the objection as barred by time. Revision filed by the petitioners against the said order was also dismissed by the Deputy Director of Consolidation on 23.9.1982. Feeling aggrieved the petitioners have approached this Court by means of this writ petition.;