DEVENDRA KUMAR UPADHYAYA, J. - (1.) HEARD learned counsel for the parties.
(2.) THESE proceedings under Article 226 of the Constitution of India have been instituted with the prayer to quash the order dated 18.09.2014, passed by the learned Chief Judicial Magistrate, Sultanpur in Misc Appeal No. 121 of 2013, Baijnath Vs Nagar Palika Parishad, Sultanpur whereby the application moved by the petitioner seeking condonation of delay in preferring the appeal has been rejected.
(3.) SHORN of unnecessary details, the facts, which are relevant for the purpose of resolving the controversy/issue raised in this writ petition, are that in respect of House No. 23/3 (New No.75), situate in Laxmanpuri Colony, Sultanpur, a mutation order was passed on 26.09.1997 by the Nagar Palika Parishad, Sultanpur in favour of Smt. Durgawati and Santosh Kumar Mishra, who are respondent nos.3 and 4 in this writ petition. On some application, the said order dated 26.09.1997 was recalled by means of order dated 07.11.2008, passed by the Chairman, Nagar Palika Parishad, Sultanpur. Against the said order dated 07.11.2008, an appeal was preferred by the respondents which was dismissed by the learned Chief Judicial Magistrate, Sultanpur by means of order dated 18.03.2009. Against the order dated 18.03.2009, a writ petition bearing No. 2946 (M/S) of 2009 was preferred, which appears to have been decided by this Court by means of order dated 09.12.2010 on the basis of some alleged agreement/compromise. Thereafter by means of order dated 19.08.2011, the name of the petitioner was mutated over the property in question. On some application, the order dated 19.08.2011 was cancelled by the Executive Officer, Nagar Palika Parishad, Sultanpur by means of order dated 23.05.2012 and the names of the respondents were ordered to be recorded. Against the order dated 23.05.2012, the petitioner preferred a writ petition before this Court, namely, Writ Petition No.9702 (M/B) of 2013 which was finally disposed of by the Division Bench of this Court by means of order dated 25.10.2013 providing therein that option will be open to the petitioner to file an appeal before the Chief Judicial Magistrate concerned within two weeks. The Division Bench in the said order dated 25.10.2013 further provided that if the appeal is filed, the Chief Judicial Magistrate concerned would look into the matter and decide the same expeditiously, say within a period of four weeks, without adverting to the delay caused.;