S.N. Srivastava, J. - (1.) This writ petition is directed against the order dated 11.1.1985 passed by Deputy Director of Consolidation rejecting the petitioner's revision as barred by time.
(2.) From perusal of materials on record it transpires that matter arises out of the proceedings, under section 9-A of U.P. Consolidation of Holdings Act (hereinafter referred to as the U.P.C.H. Act). Petitioner Sri Nandan is transferee from Deota Deen of a part of land in dispute through sale deed dated 3.9.1959 and for remaining land he claims right under section 175 of U.P. Zamindari Abolition and Land Reforms Act. He moved an application under section 5 of Indian Limitation Act for condonation of delay in filing revision which was supported by an affidavit. The ground taken by petitioner in the application for condonation of delay is that he came to know only on 10.11.1982 that his name was expunged and Gaon Sabha was recorded in revenue record. Consolidation Officer decided the case in petitioner's favour. Petitioner's name was recorded as Bhumidhar in place of Deota Deen. The Settlement Officer Consolidation reversed the order of Consolidation Officer. Petitioner preferred revision on the ground that land in dispute K did not belong to Gaon Sabha. He further urged that actually no order was passed by Settlement Officer Consolidation and order expunging the name of petitioner was without hearing the petitioner.
(3.) Learned Counsel for the petitioner urged that petitioner's application under section 5 of Indian Limitation Act for condonation of delay in filing revision was wrongly rejected, impugned order is unsustainable in law. He further urged that petitioners' application under section 5 of Indian Limitation Act should have been allowed and revision is liable to be decided on merit.;