- (1.) Heard Sri Suresh Chandra Tripathi, for the petitioner and Sri M.A. Khan, for respondent-2.
(2.) This writ petition has been filed against the order of Deputy Director of Consolidation dated 31.08.2015, condoning delay in filing restoration application and fixing a date for hearing of restoration application, in proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "the Act").
(3.) Abdul Qayum (respondent-2) filed an application dated 30.01.2006, for recalling order dated 22.01.1999, passed by Deputy Director of Consolidation in Reference No. 732 State Vs. Abdul Mazid, along with a delay condonation application. It has been stated in the restoration application that plot No. 1041/3 (area 0.06 acre) was his original holding. The petitioner did not file any objection under Section 9 of the Act, for determination of valuation of plot 1041/3 nor filed any objection at the time of chak allotment. However, after finalization of consolidation scheme, he got it valued and reserved for "shahid bara" by order dated 22.01.1999, through reference, without any notice to Abdul Mazid. He came to know about the order dated 22.01.1999, from consolidation Lekhpal yesterday. In delay condonation application, it has been stated that order was passed without any notice to him. On coming to know about the order, he immediately filed restoration application as such delay in filing the restoration application was liable to be condoned under Section 5 of Limitation Act.;